Allison Bender

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No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

Overview On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in fact to have standing to bring a lawsuit in federal court. In this case, the statutory framework … Continue Reading

Court Orders Production of a Data Breach Forensic Report, Rejecting Arguments That Attorney-Client Privilege and Work Product Protection Apply

On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an external security-consulting firm in data breach litigation.1 This case involved a cyberattack on a law firm that led to the public dissemination of the confidential information … Continue Reading

Does the SolarWinds Supply Chain Attack Affect Your Company? Legal Considerations for Responding to the Massive Cybersecurity Incident

In a security advisory this past weekend, SolarWinds disclosed that its systems experienced a highly sophisticated supply chain attack on versions of its Orion network monitoring products released between March and June 2020. The New York Times has reported that it is highly likely that the Russian intelligence unit known as Cozy Bear, or A.P.T. 29, carried out the attack, which … Continue Reading
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