BAKER ER AL. V. PARKMOBILE, LLC
Settled: Fall 2024
LGN partner Kate Baxter-Kauf serves as a member of Interim Plaintiffs’ Steering Committee on behalf of thousands of consumers damaged by the ParkMobile data breach. Plaintiffs allege the breach was the result of ParkMobile’s lax security and negligence, and the action is pending in the United States District Court for the Northern District of Georgia before the Honorable Steve C. Jones. Preliminary approval of the settlement was granted in November 2024; final approval is scheduled for 2025.
IN RE: CAPITAL ONE CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: February 2022
LGN partner Karen Hanson Riebel served as co-lead counsel on behalf of 98 million consumers damaged by the Capital One data breach. The case brought claims against both Capital One and Amazon Web Services regarding their failure to secure customer data that resulted in a breach in 2019. The action was pending in the United States District Court for the Eastern District of Virginia before the Honorable Anthony Trenga. Motions for class certification, summary judgment, and experts were currently pending when the case settled in early 2022. Final approval was granted in September 2022.
IN RE: YAHOO! INC. CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: Summer 2019
LGN partner Karen Hanson Riebel served as one member of a four-member Plaintiffs’ Executive Committee on behalf of over 1 billion worldwide Yahoo! customers whose data was compromised and stolen due to lax security and negligent practices since 2013. On our clients’ behalf, we alleged that defendants were negligent in protecting their customers’ information and violated several federal, California and other state consumer protection laws. This action was heard by former United States District Court for the Northern District of California judge Honorable Lucy Koh, who now serves on the Ninth Circuit Court of Appeals. After surviving a motion to dismiss in August 2017, and extensive discovery, the case settled in July 2019 and was affirmed on appeal in September 2022.
IN RE: ARBY’S RESTAURANT GROUP, I.N.C. DATA SECURITY LITIGATION
Settled: Summer 2020
Karen Hanson Riebel served as co-lead counsel on behalf of financial institutions that issue credit and debit cards used at Arby’s restaurants and subject to Arby’s data breach. Plaintiffs alleged that because of Arby’s inadequate security and failure to identify and contain cybersecurity breaches in 2016 and 2017, they were required to cancel and reissue compromised cards, notify customers of the breach, refund fraudulent transactions, increase fraud monitoring, and close accounts. This action was pending in the United States District Court for the Northern District of Georgia before the Honorable Amy Totenberg and then the Honorable William Ray and survived a motion to dismiss in March 2018, and settled in 2020.
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 resulting from 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.
FIRST CHOICE FEDERAL CREDIT UNION ET AL. V. THE WENDY’S COMPANY ET AL
Settled: Spring 2019
Karen Hanson Riebel served on the Plaintiffs’ Executive Committee on behalf of financial institutions who alleged that they 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 systems, resulting in a data breach beginning in October 2015. This litigation was pending in the United States District Court for the Western District of Pennsylvania, and, after substantial discovery and choice-of-law briefing, settled for approximately $50 million, including payments to the settlement fund, injunctive relief, service payments, and fees.
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.
IN RE: PREMERA BLUE CROSS CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: January 2019
Karen Hanson Riebel served on the Plaintiffs’ Executive Leadership Committee on behalf of 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 was pending in the United States District Court for the District of Oregon before the Honorable Michael H. Simon and survived motions to dismiss in February 2017. As part of this litigation, the parties extensively briefed and argued the scope of applicable attorney-client privilege, resulting in a decision that has been discussed extensively by practitioners and others throughout the country. The parties settled on the eve of class certification in 2019.
