Data Breach Litigation

Data Breach Litigation 2017-11-27T06:43:57+00:00

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LGN is one of the preeminent litigation firms working on the forefront of data breach litigation in the United States. We prosecute data breach cases on behalf of individuals and financial institutions injured by negligent conduct by retailers and other companies that fail to use adequate cybersecurity protections for customer and client data. We have obtained millions of dollars in settlements for our clients and classes. Many of our data breach clients are local, small financial institutions who have been injured by the failure of retailers, internet companies, and medical companies and insurers to protect against cyber intrusions despite years of warnings from public and private sources. Over the years, several of our attorneys have spoken on data breach issues throughout the country, and our professionals vigorously support civil enforcement and open access to courts.

Litigation partners Richard A. Lockridge, Karen Hanson Riebel, and Heidi M. Silton practice extensively in the data breach arena and have litigated cases in federal courts across the nation.

IN RE: EQUIFAX, INC. CUSTOMER DATA SECURITY BREACH LITIGATION

IN RE: YAHOO! INC. CUSTOMER DATA SECURITY BREACH LITIGATION

LGN partner Karen Hanson Riebel serves as one member of a five-member Plaintiffs’ Executive Committee on behalf of over 1 billion world-wide customers of Yahoo! whose data was compromised and stolen as a result of Yahoo!’s lax security and negligence resulting in multiple undisclosed data breaches since 2013. On our clients’ behalf we allege that defendants were negligent in protecting their customers’ information and violated several federal, California and other state consumer protection laws. This action is pending in the United States District Court for the Northern District of California before the Honorable Lucy Koh, and survived a motion to dismiss in August 2017.

IN RE: ARBY’S RESTAURANT GROUP, INC. DATA SECURITY LITIGATION

Karen Hanson Riebel serves as co-lead counsel on behalf of financial institutions who issue credit and debit cards that were used at Arby’s restaurants. Plaintiffs allege that as a result of Arby’s inadequate security and failure to identify and contain a data breach in 2016 and 2017, they were required to cancel and reissue compromised cards, notify customers, refund fraudulent transactions, increase fraud monitoring and close accounts. This action is pending in the United States District Court for the Northern District of Georgia before the Honorable Amy Totenberg. Motions to dismiss are currently pending.

IN RE: COMMUNITY HEALTH SYSTEMS, INC., CUSTOMER SECURITY DATA BREACH LITIGATION

Karen Hanson Riebel serves as co-lead counsel on behalf of individuals whose personal financial and medical information was compromised and stolen as a result of a hospital and medical data breach and Defendants’ inadequate security and protection of their information. The case is pending in the Northern District of Alabama before the Honorable Karon Owen Bowdre, Chief Judge. Plaintiffs survived a motion to dismiss and discovery is currently ongoing.

IN RE: PREMERA BLUE CROSS CUSTOMER DATA SECURITY BREACH LITIGATION

Karen Hanson Riebel represents current and former members of Premera Blue Cross, a healthcare benefits servicer and provider, who allege that Premera negligently allowed their confidential information to be compromised as a result of a data breach announced in March 2015. This action is pending in the United States District Court for the District of Oregon before the Honorable Michael H. Simon.

FIRST CHOICE FEDERAL CREDIT UNION ET AL V. THE WENDY’S COMPANY ET AL

Karen Hanson Riebel serves on the Plaintiffs’ Executive Committee on behalf of financial institutions who allege that alleged that they have suffered financial losses as a direct result of Wendy’s conscious failure to take adequate and reasonable measures to protect its point-of-sale and computer system in relation to a data breach beginning in October 2015. This litigation is pending in the United States District Court for the Western District of Pennsylvania before the Honorable Nora Barry Fischer.

IN RE: TARGET CORPORATION CUSTOMER DATA SECURITY BREACH LITIGATION

Settled: May 2016
Karen Hanson Riebel served as liaison counsel on behalf of financial institution plaintiffs who alleged that they incurred massive costs to cover fraud losses and card reissuance expenses as a result of Target’s conduct related to a data breach in December 2013. This case was venued in the United States District Court for the District of Minnesota before the Honorable Paul Magnuson. The case settled for approximately $60 million, including payments to the settlement fund, foregoing of additional card brand assessment payments, and fees.

IN RE ANTHEM, INC. DATA BREACH LITIGATION

Settled: Preliminary Approval Granted August 2017
LGN represented individuals who alleged that their personal data was compromised as a result of the negligence of Anthem, Inc. in protecting it. This litigation was venued in the United States District Court for the Northern District of California before the Honorable Lucy Koh. The case settled for $115 million, after two years of litigation, including two rounds of motions to dismiss, extensive fact and expert discovery, and briefing on Plaintiffs’ motion for class certification and the Parties’ motions to exclude expert testimony.

GREATER CHAUTAUQUA FEDERAL CREDIT UNION ET AL v. KMART CORPORATION ET AL

Settled: June 2017
Karen Hanson Riebel was Co-Lead Counsel for financial institution plaintiffs, and obtained $5.2 million in settlement funds, in addition to full payment of card brand assessments and changes to several practices related to data security and substantial injunctive relief.

  • The Other Data Breach Cases: Medical Records Cases and Cases on Behalf of Banks and Others presented at HarrisMartin’s Data Breach Litigation Conference, March 25, 2015 in San Diego, Karen Riebel, speaker.
  • AAJ Education’s Plaintiff-Only Hot Topics and Trends in Litigation Seminar, May 27, 2015 in Minneapolis, Karen Riebel, panelist.
  • 2016 Cyber Security Summit, Interactive Table Top Exercise on Preparing for and Reacting to Data Breach incidents, Cyber Security Summit Minneapolis, October 11, 2016, Kate Baxter-Kauf, panelist.