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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
  • 3rd Circuit, Facebook, Privacy, Social Networking Websites, Technology

    Defense Attorney Will Poke Appeals Court Over Juror’s Right to Privacy

    Facebook’s lawyers have been looking for a rumble over the company’s responsibility to turn over user account information in legal cases. Now they’ve got one, thanks to a California juror and his grandstanding defense attorney. The case stems from a gang violence criminal trial. Members of the Killa Mobb were being tried for a 2008 […]

    8 Comments / / Feb 7, 2011 at 1:20 PM
  • 6th Circuit, Police, Privacy, Technology

    Sex Pill Peddler Makes It Hard for the Po-Po to Peep at Your Email

    Thanks to a huge decision out of the Sixth Circuit, your email and the Fourth Amendment just got better acquainted. The police need to get a warrant to take a peek at the contents of someone’s inbox, writes Judge Danny Boggs — once rumored to be on the SCOTUS shortlist — in the court’s opinion […]

    23 Comments / / Dec 15, 2010 at 3:09 PM

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