Federal

Third Circuit Offers Blueprint for Defeating Data Breach Class Actions

Jeffrey N. Rosenthal and David J. Oberly discuss how the Third Circuit offers defense attorneys a way to possibly get some data breach lawsuits dismissed. They write, in part: Taken together, Reilly and Horizon operate to create a diving line between circumstances where standing might exist in the Third Circuit. Under Horizon, standing can often be established where plaintiffs...

FTC May Change Obscure Data Breach Rule In Telehealth Era

Ben Kochman reports: The Federal Trade Commission said Friday that it is considering changing a decade-old, little-used rule that requires certain companies handling health information to publicly report data breaches — and which could gain new relevance as consumers increasingly turn to telehealth. The consumer protection agency says it is soliciting comments on whether it should...

U.S. Supreme Court Will Finally Weigh in on Scope of CFAA

Jason C. Gavejian, Joseph J. Lazzarotti and Maya Atrakchi of JacksonLewis write: The United States Supreme Court recently granted a petition for certiorari in Van Buren v. United States addressing the issue of whether it is a violation of the Computer Fraud and Abuse Act (“CFAA”) when an individual who is authorized to access information on a computer, accesses the...