Computer Fraud and Abuse Act

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    Cybersecurity Litigation Monthly Newsletter

    Significant Case Developments

    P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims
    Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.).

    As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”

    0 Comments / / Oct 23, 2014 at 5:34 PM
  • game of thrones RF

    Crime, Media and Journalism, New York Times, Technology

    New York Times Has No Idea Reporter Broke A Law By Using Someone Else’s ‘HBO Go’ Password

    But which law? Here’s a hint: it’s the same one public document hacker Aaron Swartz allegedly violated.

    27 Comments / / Apr 12, 2013 at 10:03 AM

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