Every year, as tax season arrives, new and increasingly diabolic scams to pilfer and misuse taxpayer information surface. In prior years, cyber fraudsters targeted unsuspecting individual taxpayers to trick them into revealing their personal information through direct telephone or email scams. Major data breaches, such as Equifax, which is now known to have included millions of additional victims and more forms of personal identifying and financial data than originally disclosed, only exacerbate the problem. As the public has learned more about identity theft ...
Today the U.S. Supreme Court denied a cert petition in a matter aimed at resolving whether a plaintiff who alleges a substantial risk of harm in the future has standing under Article III of the Constitution. A ruling in the case, CareFirst v. Attias, would have had major implications for data-breach litigation and in class actions generally.
A quick refresher on standing. To satisfy Article III’s standing requirements, a plaintiff must show (1) he has suffered an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent, not conjectural or ...
Fast food restaurant chain Arby’s Restaurant Group Inc. is known for its great hot roast beef sandwiches and catchy slogan: “We have the Meats!” Arby’s is now communicating a different message; it may be the latest victim of a significant cyber breach.
How are we to digest this? We have grown somewhat immune to the now frequent website notices or press releases that announce that although no one is known to have been harmed, yet another potential information security incident has taken place at yet another company that may have once again exposed customer information.
So what ...