Circuit Split on Data Breach Standing
Your Data Was Stolen, But Not Your Identity (Yet)
by Kristen L. Burge
Cyberattack victims can sue data custodians despite not suffering actual identity theft. In determining the plaintiff’s standing, a growing majority of circuit courts now turn to the nature of stolen data to determine whether the victims experience a “substantial risk” of identity theft.
The U.S. Court of Appeals for the Federal Circuit joined the majority approach – followed by the Sixth, Seventh, and Ninth Circuits – holding that victims alleging personal data theft, including medical identification numbers, […]
2015 Over the Edge
On December 4th, 2015 Special Olympics Louisiana held its annual “Over the Edge” fundraiser. Participants RAPPELED down 25 stories of NOLA’s Benson Tower, RODE in a helicopter and SWAT trained with Louisiana’s finest at the Jefferson Parish Sheriff’s Training Facility. Devin Fadaol and Bartt Bourgeois participated in the activities for the firm; additionally, the firm manned several volunteer positions under the guidance of Shannon Hanken, the firm’s administrator and a Special Olympics Louisiana committee member. The firm is a regular sponsor of Special Olympics Louisiana and is proud of what […]
“Over the Edge”
Attorney Devin Fadaol and staff member Bartt Bourgeois will be rappelling down Benson Tower on Friday, December 4, 2015 for Special Olympics Louisiana’s fund raiser, “Over the Edge”.
Other staff members have volunteered to work to support this fund raiser for Special Olympics Louisiana.
The Defense Wins!
(Articl
e published in DRI’s The Voice of the Defense Bar)
On Saturday, June 6, 2015, a jury in Clinton, Louisiana, returned a defense verdict for Ford Motor Company following a nearly 2-week long trial in an airbag non-deployment case involving fatal injuries. In reaching the verdict, the jury rejected plaintiff’s allegation that Ford defectively designed the supplemental restraint system in a 1995 Ford Mustang. Ford was represented at trial by Keith W. McDaniel and Quincy T. Crochet, of […]
FDCC Quarterly, Volume 64.4
Sidney Hardy published in FDCC Quarterly, Volume 64.4. Protecting Intellectual Property and Trade Secrets in the United States Read article
Removal to Federal District Court Despite the Presence of a Forum Defendant
The term “race to the courthouse” may invoke notions of an attorney rushing to meet some court-imposed deadline or record a lien before another creditor. Rarely do we think of removal to federal district court in this context, but there is another type of “race to the courthouse” that can take place when an out-of-state defendant is served before a local in-state defendant is served.
Under 28 USC 1441(b):
Any civil action of which the district courts have original jurisdiction […]
The Defense Wins!
(Article published in DRI’s The Voice of the Defense Bar)
On Friday, February 6, 2015, a jury in Lake Charles, Louisiana, returned a defense verdict for Ford Motor Company following a two-week trial in a post-collision fire case, rejecting plaintiffs’ allegation that the brake master cylinder and reservoir assembly in decedent William Morvant’s 2002 Ford F-150 was defectively designed. Ford was represented at trial by Perry Miles and Lauren Wood of McGuireWoods, LLP in Richmond, Virginia, and by […]
Data Breach Insurance
Twenty years ago, most companies maintained their files in rows and rows of filing cabinets. In order to access information from a file, it would be necessary for a person to go to the filing cabinet and actually retrieve the document which was being sought. If a third-party wanted to steal a company’s information, it would be necessary for that person to enter the company’s premises and either copy the documents on-site, or figure out a way get those documents out of your office.
In the last […]