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PRO Compliance | Canada | 7 Apr 2021
Court won’t stop Capital One notifying data breach victims
A Canadian judge has refused to block Capital One from informing 51,000 individuals that their data had been illegally accessed.
PRO Compliance | USA | 7 Aug 2020
Capital One data breach fine signals cloud scrutiny
A US banking regulator has fined Capital One $80 million over problems with its cloud computing security processes that led to a massive data breach.
Kilpatrick Townsend & Stockton LLP | USA | 17 Jul 2020
Recent Court Decision Carries Lessons for Retaining and Using Cybersecurity Consultants to Investigate a Breach
A recent federal district court decision underscores the importance of structuring breach investigations with the attorney work-product doctrine in…
PRO Compliance | USA | 15 Jun 2020
Courts wise up to privilege defence in consultancy report disclosure battles
A Virginia judge’s order that US bank Capital One has to hand over a forensic report into a 2019 data breach signals that courts in the country have “caught on” to a common privilege defence employed by companies to protect external documents.
Morrison & Foerster LLP | USA | 8 Jun 2020
Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product
In a time when data breaches are on the rise, a recent court ruling serves as a stark warning for companies attempting to shield from disclosure…
Fenwick & West LLP | USA | 6 Apr 2017
AliceStorm Update for Q1 2017
With the close of the first quarter of 2017, there have been some interesting patterns developing in AliceStorm. Let’s start with the big picture:…
Kramer Levin Naftalis & Frankel LLP | USA | 1 Nov 2016
Dismissed Shareholder Lawsuit Against Capital One in Delaware Is a Reminder to Pay Close Attention to AML Compliance
In a recently decided case, Reiter v. Fairbank (Del Ch. October 18, 2016), the Delaware Chancery Court dismissed shareholder allegations that the…
Manatt Phelps & Phillips LLP | USA | 18 Oct 2016
Wells Fargo Reaches $30.4M Deal in TCPA Suit
Another week, another multimillion-dollar Telephone Consumer Protection Act class action settlement. Kenisha Cross alleged that after purchasing a new…
Burr & Forman LLP | USA | 4 Oct 2016
District Court Holds Allegations of Cell Phone Charges Insufficient to Establish Article III Standing to Bring TCPA Action Under Spokeo
In the wake of the Supreme Court's ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), a growing trend is emerging with respect to…
Burr & Forman LLP | USA | 11 Jul 2016
District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v. Robins Decision
Following the Supreme Court's ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that "Article III standing requires…
