Posts Authored by Gregory J. Krabacher

Sovereign immunity in the age of continuous cyber warfare

Major cyber-attacks on a U.S. corporation or government agency are becoming more and more common. The July 9, 2015, news of 21.5 million Social Security numbers stolen from the Office of Personnel Management (OPM) is the latest example — but surely will not be the last. Although each breach spawns new litigation, this latest example is a little different.

Unlike the recent attacks on corporations like Sony Pictures and Anthem, OPM has an additional and powerful defense: sovereign immunity. Two recent class action suits filed by labor unions against OPM will put the sovereign immunity defense to the test.

For more, click here.

Data Privacy and Cyber Security

Issue No. 1 in Anthem data breach class actions: Does the Supreme Court’s ruling in Clapper prevent standing?

Class actions have already been filed against Anthem in the federal courts of the Southern District of Ohio, Northern District of Ohio, Northern District of Alabama, Northern District of Georgia, Southern District of Indiana and Central District of California. There will be more. The speculative nature of harm in data breach cases means that Article III standing will be hotly contested in each. For a review the legal landscape of this fundamental requirement for federal jurisdiction, click here.

Data Privacy and Cyber Security, Federal Class Action Law