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Between a Rock and a Hard Place? How GDPR Can Affect Discovery in US Litigation

USA - February 19 2019 As we’ve discussed at some length, privacy and data security laws create significant litigation risk for businesses. Individuals, other businesses...

The Overhaul of North Carolina’s Data-Breach Law: Take Two

USA - January 29 2019 Around this time last year, we discussed a proposal by North Carolina Attorney General Josh Stein and Republican state representative Jason Saine to...

If Data is Exposed But No One is Around to Steal It, Can a Data-Breach Plaintiff Still Sue?

USA - December 18 2018 We talk a lot on this blog about data-breach lawsuits that arise from breaches in which a hacker targeted and stole personal information from a...

The Economic-Loss Rule and Data-Breach Lawsuits: Defending Against Creative Pleading

USA - November 20 2018 We’ve discussed before the challenges that a business might face if it files a lawsuit after a data breach. This post focuses on one particular...

Data Breaches, Section 75-1.1, and the Attorney General’s Enforcement Authority

USA - October 16 2018 How can decisions that a business makes before and after a data breach expose the business to a lawsuit by a government regulator? A recent...