Jul. 28, 2021

Will Supreme Court’s New Standing Test Tame the Real World of Class Actions?

The Supreme Court’s recent TransUnion v. Ramirez decision promises to reshape data breach and privacy litigation, likely shrinking the size of consumer class actions and narrowing the damage claims that plaintiffs can bring in federal court. This article examines the implications of Ramirez on standing jurisprudence and provides commentary from class action litigators from Akin Gump, BakerHostetler and Locke Lord on strategic choices that defendant companies now face, what injuries have a better chance of surviving in court and how the ruling could affect claims under powerful state laws like the Illinois Biometric Privacy Information Act. See “Big Questions for BIPA Case Law in 2021” (Feb. 17, 2021).

Adopting a Cloud-First Mindset: How Operational Resilience and Security Issues Change Without On-Premises Infrastructure

Although cloud computing has been available for years, COVID-19 accelerated cloud adoption across businesses as centralized office locations shuttered and workers scattered. Increasingly, companies are not simply moving pieces of their infrastructure to cloud-computing platforms; they are changing their approaches to use cloud services as much as possible in lieu of on-premises infrastructures. We distill insights from a recent ACA Group webinar that addressed issues related to how cybersecurity and operational resilience differ in a cloud-first versus an on-premises environment. See our two-part series on allocating risk in cloud-computing relationships: “Spectrum of Offerings” (Dec. 4, 2019); and “Key Legal Issues” (Dec. 11, 2019).

Incident Response in the Financial Services Industry

Intense scrutiny from a number of regulators, who are increasingly cooperating with each other, makes incident response planning crucial for the financial services industry. This article offers insights on the best practices for incident response and vendor risk management – as well as on the evolving regulatory and threat landscape in the industry – shared by experts from Debevoise, StoneTurn, Willkie Farr & Gallagher and Citigroup at the recent Incident Response Forum Masterclass 2021. See “What the New Information Security Reporting Standards Mean for Financial Institutions” (Feb. 5, 2021).

Moody’s Adds Assistant GC for Privacy and Cybersecurity

Moody’s Corporation has welcomed Steve Snyder as assistant general counsel for privacy and cybersecurity, where he will handle cybersecurity law issues for the company and privacy issues for the Americas. For insight from Snyder, see “Six Ways to Address Privacy Concerns in Biometric Vendor Contracts” (Mar. 3, 2021).

Reed Smith Welcomes Data Privacy Partner

Robert Newman has joined Reed Smith as a partner in the firm’s entertainment and media industry group in Chicago. For more from Reed Smith, see “Familiar and Fresh Mandates in Virginia’s New Privacy Law” (Mar. 21, 2021). For insight from Newman, see “Maximizing the Benefits of Big Data Within Permissible Bounds” (Aug. 24, 2016).