Snapshot of Bryan Cave’s 2016 Data Breach Litigation Report

Bryan Cave LLP began its survey of data breach class action litigation four years ago. We are proud that our annual survey has become the leading authority on data breach class action litigation and is widely cited throughout the data security community. Click here to view an infographic containing select key findings from our report.

Click here to read the full text of the 2016 Data Breach Litigation Report.

snapshot

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that reference data breach litigation. Law firms have collectively published more than 156,000 articles on the topic.

While data breach litigation is an important topic for the general public, and remains one of the top concerns of general counsel, CEOs, and boards alike, there remains a great deal of misinformation reported by the media, the legal press, and law firms. At best this is due to a lack of knowledge and understanding concerning data breach litigation; at worst some reports border on sensationalism or fearmongering.

Bryan Cave LLP began its survey of data breach class action litigation four years ago to rectify the information gap and to provide our clients, as well as the broader legal, forensic, insurance, and security communities with reliable and accurate information concerning data breach litigation risk. We are proud that our annual survey has become the leading authority on data breach class action litigation and is widely cited throughout the data security community…. dblitreport2

 

Healthcare Breach Litigation At A Glance (2015)

Companies that have a breach involving protected health information (“PHI”) worry not only about fines and penalties imposed by the Department of Health and Human Services (“HHS”), but about class action lawsuits.   The risk that a class action lawsuit will lead to financial liability, however, is often misunderstood . . .

Healthcare DB_Litigation_At A Glance_1

Trends in Data Breach Litigation At A Glance (2015)

While General Counsel cite class action fears as one of their top concerns following a data breach, there is a great deal of misunderstanding concernign the nature of data security breach class action litigation . . . Data Security Breach Litigation Trends - At A Glance

2015 Data Privacy Litigation Report

2015DataPrivacyLitigationReportWe are pleased to announce the 2015 edition of our whitepaper discussing trends in data privacy class action litigation. The 2015 report provides the most comprehensive analysis of complaint filings by industry, court, legal theory, and type of privacy issue . . . (click on thumbnail for report)

Whitepaper: Data Privacy and Security Class Action Litigation Trends (Sept 2014)

ClassLitigation Sept 2014

TCPA cases continue to predominate as the single largest category of data privacy or data security breach litigation. In terms of industries, there has been a significant uptick in complaints filed against debt collectors and a corresponding uptick in allegations that the Fair Debt Collection Practices Act has been violated. . .

 

Whitepaper: Data Privacy and Security Class Action Litigation Trends (June 2014)

 Data Litigation June 2014This quarter’s analysis of the types of complaints filed by the Plaintiffs’ bar, and the ways in which those complaints have been structured, shows an increase in class action filing and an ongoing evolution by the plaintiffs’ bar to identify the “right” strategy for obtaining damages or leveraging settlement value. The following are key findings concerning filings over this period (2014-Q1)…

 

Whitepaper: Telemarketing Class Action Litigation (March 2014)

TelemarketingMarch2014

 

Complainants filed a substantial volume of TCPA class actions during Q4 of 2013. Of the 92 complaints filed during the period, there was a preference toward complaints involving transmissions to mobile phones. One explanation for the substantial number of complaints filed during the period is the October 16, 2013, effective date of the FCC’s new consent requirements for certain autodialed and prerecorded telemarketing calls.

Whitepaper: Data Privacy and Security Class Action Litigation Trends (Feb. 2014)

Feb2014DataLitigation

This report analyzes data-related class action complaints filed against private entities between October and December 2013 (Q4). The following are key findings concerning complaints over this period . . .

 

Whitepaper: Telemarketing Class Action Litigation Report (Oct. 2013)

TelemarketingOcto2014

There was a substantial decline in the volume of TCPA class actions filed during Q3 and, of those filed, there was a preference toward cases involving fax transmission. Although it is possible the decline signals a shift by Plaintiffs attorneys away from the TCPA, the more likely hypothesis is that Plaintiffs firms may have been waiting until after the FCC’s new consent requirements went into effect on October 16, 2013, to file cases. . .

 

White Paper: Data Privacy and Security Class Action Litigation Trends (Sept. 2013)

ClassActionLitigation Sept 2013This report analyzes class action complaints filed against private entities between January and June 2013 to help companies better understand the scope, and frequency, of data-related litigation . . .