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Posts published in “IT & Data Protection”

8th Cir. Reverses Data Breach Class Settlement, Holds Appellate Bond Not to Include Delay-Based Administrative Costs

In a data breach putative class action, the U.S. Court of Appeals for the Eighth Circuit recently held that the trial court had not conducted the required “rigorous analysis” of Federal Rule of Civil Procedure 23(a)’s class certification prerequisites when certifying the settlement class or…

8th Cir. Holds Cybertheft Covered by Financial Institution Bond Applying ‘Concurrent Causation’ Doctrine

The U.S. Court of Appeals for the Eighth Circuit recently held that a bank was entitled to recover its cybertheft losses under its financial institution bond, despite its employee’s violation of the bank’s internal policies and procedures, and despite the bank’s failure to update its…

7th Cir. Holds Data Breach Plaintiffs Alleged Enough for Article III Standing, but Ruling May Not Hold Up Under Spokeo

Reversing the trial court’s ruling dismissing the action for lack of standing, the U.S. Court of Appeals for the Seventh Circuit recently held that the increased risk of fraudulent credit or debit card charges and possible identity theft due to a data breach that already…