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District Court (Cal.) Orders Pre-Certification Class Discovery in Data Breach Case

by Scott J. Hyman |

In Maag v. United States Bank Nat'l Ass'n, No. 21cv31-H-LL, 2021 U.S. Dist. LEXIS 196307 (S.D. Cal. Oct. 12, 2021), Magistrate Lopez ordered production, subject to protective measures, of class discovery in a data breach case.  The Court addressed the standards for pre-certification class discovery. "The propriety of a class action cannot be determined in some cases without discovery, as… Read More

District Court (Ohio) Says Data Breach Response Information in Sonic Hack Won’t Be Sealed Because of Interest to the Public (and the Court)

by Scott J. Hyman |

In In re Sonic Corp. Customer Data Sec. Breach Litig. Fin. Insts., No. 1:17-md-2807, 2021 U.S. Dist. LEXIS 142001, at *5-6 (N.D. Ohio July 30, 2021), Judge Gwin refused to seal some of the data breach investigation from the Sonic data breach hack. In 2017, unidentified third parties accessed Sonic customers' payment card data. The hackers obtained customer payment card… Read More

District Court (Md.) Limits Discovery of Class Representative’s Cyber-Security Habits in Data Breach Case

by Scott J. Hyman |

In In re Marriott Int'l Customer Sec. Breach Litig., No. 19-MD-2879, 2021 U.S. Dist. LEXIS 48477, at *57-68 (D. Md. Mar. 15, 2021), the Court recommended that although the class representative's device could be examined for other malware, the device could not be examined for whether the representative had good cyber-security habits. Marriott's protocol seeks inadmissible evidence and that even… Read More