Pennsylvania High Court Decision Regarding Data Breach Increases Litigation Risk for Companies Storing Personal Data; Lexology, January 8, 2019

Ropes & Gray LLP , Lexology; Pennsylvania High Court Decision Regarding Data Breach Increases Litigation Risk for Companies Storing Personal Data

"This decision could precipitate increased data breach class action litigation against companies that retain personal data. No state Supreme Court had previously recognized the existence of a negligence-based duty to safeguard personal information, other than in the narrow context of health care patient information."

Facebook Privacy Scandal Unleashes Nationwide ‘Litigation Swarm'; Bloomberg, April 4, 2018

Christie Smythe, Bloomberg; Facebook Privacy Scandal Unleashes Nationwide ‘Litigation Swarm'

"Litigation Swarm

"Facebook’s having to fight on multiple fronts, with potentially conflicting strategies and obligations, is what will make this ‘litigation swarm’ problematic," said Marc Melzer, a New York-based attorney. The company will likely "want to move slowly and withhold as much as they can without antagonizing regulators or the courts that are presiding over the suits."

Users and investors have filed at least 18 lawsuits since last month’s revelations about Cambridge Analytica. Beyond privacy violations, they are accusing Facebook of user agreement breaches, negligence, consumer fraud, unfair competition, securities fraud and racketeering.

Zuckerberg, Chief Operating Officer Sheryl Sandberg, and board members including Marc Andreessen and Peter Thiel face additional claims from shareholders for allegedly failing to uphold their fiduciary duties and wasting corporate assets."

PNC pulls plug on coin-counting machines; Pittsburgh Post-Gazette, 4/22/16

Patricia Sabatini, Pittsburgh Post-Gazette; PNC pulls plug on coin-counting machines:

"The move follows a report by NBC’s “Today” show early this month that found Penny Arcade brand coin-counting machines it tested at various TD Bank branches were cheating customers by up to 15 percent. After counting the coins, the machines spit out a receipt redeemable at the teller window.

Toronto-based TD Bank, with U.S. headquarters in Cherry Hill, N.J., quickly removed the machines from service...

On Tuesday, TD Bank was sued on behalf of hundreds of thousands of customers allegedly shortchanged by the machines.

The suit, filed in state court in Manhattan by Jeffrey Feinman, claims Mr. Feinman put in $26 worth of coins but got a receipt for $25.44. A second time he deposited $31 and received $30.05, the suit claimed.

TD Bank declined comment on pending litigation, which charges the bank with fraud, negligence, breach of contract and false advertising."

Manslaughter charges possible in Flint water crisis, says top investigator; Washington Post, 2/10/16

Michael E. Miller, Washington Post; Manslaughter charges possible in Flint water crisis, says top investigator:

"Flood described a number of possible outcomes of the investigation. He said it could turn out that the crisis was simply a result of “honest mistakes,” the Associated Press reported.

But it could also turn out that city, county or state officials were guilty of a “breach of duty” or “gross negligence,” exposing them to possible criminal or civil actions, he said.

Flood said that the severest possible charge, manslaughter, was “not far-fetched.” He compared charging officials with manslaughter over the water crisis to charging construction workers with the same crime for leaving open manholes unattended, resulting in death.

He said he could also pursue restitution against both private companies and governments on behalf of Flint residents affected by the water crisis, according to the Detroit News."