However, two federal class action data breach lawsuits have resulted in proposed settlements; both suits are pending in the Southern District of Florida. Mr. Saikali says this raises the question of "whether the plaintiff’s bar will perceive the Southern District of Florida as a Plaintiff-friendly jurisdiction for data breach lawsuits, resulting in even more lawsuits being filed there."
"These settlements are significant because they are two of the only publicly known settlements in class action lawsuits arising from data breaches, and they both occurred in the same court – the Southern District of Florida. Given the lack of the number of data breach lawsuits that have proceeded to a public settlement, it will be interesting to see whether more of these lawsuits will be filed in the Southern District of Florida as a result of these recent developments.."Organizations in a variety of industries that handle personally identifiable information (PII) and/or patient health information (PHI) are taking steps to proactively detect data breaches before they lead to lawsuits. One such approach utilizes low-cost on-demand SaaS analytics services.
-Al Salkali, Attorney,Shook, Hardy & Bacon, LLP
Download a white paper on data breach detection. Learn how to proactively identify unauthorized breaches of data, even by authorized users - with no hardware and no on-site software.Sources:
(a) Data Breach Lawsuits Settling in the Southern District of Florida - www.DataSecurityLawJournal.com, 09/11/2011