2021 was another year of high activity in the realm of data event and cybersecurity litigations with several noteworthy developments. CPW has been tracking these cases throughout the year. Read on for key trends and what to expect going into the 2022.
2021 heralded several developments in data breach and cybersecurity litigations that may reshape the privacy landscape in the years to come. However, in many ways 2021 litigation trends were congruent with the year prior. Before delving into where we may be headed for this important area of data privacy litigation in 2022, let’s do a short recap of where we were at the end of 2020.
Recall that the number of data events in 2020 was more than double that of 2019, with industries that were frequent targets of cyberattacks including government, healthcare, retail and technology. In this instance, correlation equaled causation—as more entities experienced crippling security breaches, the number of data breach litigations filed also increased. There were three trends that marked the cybersecurity landscape that we covered in CPW’s 2020 Year in Review:
First, in 2020 plaintiffs bringing data breach litigations continued to rely on common law causes of action (negligence and fraud, among others) in addition to asserting new statutory claims (although of course there were exceptions). Challenges to a plaintiff’s Article III standing in the wake of a data event were pervasive,...
The U.S. Department of Justice on Thursday announced charges against 15 people, including six medical professionals, for allegedly participating in schemes that collectively submitted $2 billion i...