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AI class action knocks on California court’s door
4/10/24
FMG's Data Security, Privacy, & Technology practice group is an interdisciplinary team of attorneys across the firm's office locations that stays on the edge of legal developments affecting our clients in the digital age.
FMG’s Data Security, Privacy & Technology practice group is a national, interdisciplinary team of attorneys that stays on the edge of legal developments affecting our clients in the digital age. Among other accolades, we are a NetDiligence® Certified Breach Coach law firm and multi-year nominee for Cyber Law Firm of the Year by the Zywave Cyber Risk Awards. To best serve our clients, the practice group includes three dedicated teams with specific areas of concentration: Compliance & Incident Response, Privacy & Data Breach Litigation, and Tech E&O Litigation. In addition, our legal work includes Cyber Risk Insurance Coverage Services and eDiscovery & Records Management. These combined areas of concentration allow FMG to provide a full spectrum of legal services to our clients for their needs in all aspects data security, privacy, and technology law.
Compliance & Incident Response
Privacy & Data Breach Litigation
FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed to protect the personal information of more than 27,000 students and employees that was exposed in the incident. However, Mr. Cole and Mr. Foree argued the plaintiffs did not have standing to sue because there were no allegations of misuse of anyone’s information that actually resulted in harm, such as identity theft or fraudulent accounts or charges. Judge Timothy DeGiusti of the U.S. District Court for the Western District of Oklahoma agreed and dismissed the lawsuit in its entirety. In his opinion, Judge DeGiusti concluded that “Plaintiff has failed to plausibly allege an actual, present injury that would support her claims for damages, or an imminent threat of future harm that would warrant injunctive relief.”
This case represents a significant win not only for the University, but also for other businesses that are increasingly victimized by cybercriminal attacks, only to then find themselves also targeted by class action lawsuits seeking money damages, even without any evidence of harm. FMG’s Data Security & Privacy attorneys are at the forefront of this continually developing area of law, and zealously represent businesses and organizations of all kinds in data breach and privacy litigation around the country.
Jeffrey L. Alitz
Partner
Boston, MA
Austin Anderson
Associate
Lexington, KY
Amy Bender
Senior Counsel
Atlanta, GA | Tampa, FL
Robert “Bert” H. Bender, Jr.
Senior Counsel
Philadelphia (East), PA
Julia N. Bover
Associate
New York City, NY | Cherry Hill, NJ
William W. Cheney
Partner
Cherry Hill, NJ
David A. Cole
Partner
Atlanta, GA | Savannah, GA
Zachary E. Danner
Partner
Cherry Hill, NJ
Ben N. Dunlap
Partner
Boston, MA
Michele B. Focht
Partner
Dallas, TX
Matthew N. Foree
Senior Counsel
Atlanta, GA
Lisa Gentile
Partner
Columbus, OH
Curt M. Graham
Partner
Lexington, KY | Indianapolis, IN
Sean C. Harrison
Associate
Lexington, KY
Courtney M. Knight
Associate
Cherry Hill, NJ
Leo G. Kogan
Partner
Atlanta, GA
Gaia T. Linehan
Associate
San Diego, CA
Thomas Livingston
Associate
San Diego, CA
Dana K. Maine
General Counsel
Atlanta, GA | Savannah, GA
Adam Manaa
Associate
Los Angeles – Downtown, CA
Barry M. Miller
Partner
Lexington, KY
Steve P. Randall
Senior Counsel
San Francisco – Walnut Creek, CA
Sean Andrés Rapela
Associate
Boston, MA | Providence, RI
Kevin M. Ringel
Partner
Chicago, IL
Craig Rolfe
Partner
Sacramento, CA
Alexia R. Roney
Senior Counsel
Atlanta, GA
Melissa A. Santalone
Partner
Tampa, FL
Martin S. Schexnayder
Partner
Houston, TX | Dallas, TX
Alexander Schindler
Associate
San Diego, CA
Jonathan Schwartz
Partner
Chicago, IL
P. Betty Su
Senior Counsel
San Francisco – Walnut Creek, CA
Luke B. Zavoli
Associate
Atlanta, GA
David A. Cole
Partner
Atlanta, GA | Savannah, GA
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