IN RE: ARBY’S RESTAURANT GROUP, I.N.C. DATA SECURITY LITIGATION
Settled: Summer 2020
Karen Hanson Riebel served as co-lead counsel on behalf of financial institutions that issue credit and debit cards used at Arby’s restaurants and subject to Arby’s data breach. Plaintiffs alleged that because of Arby’s inadequate security and failure to identify and contain cybersecurity breaches in 2016 and 2017, they were required to cancel and reissue compromised cards, notify customers of the breach, refund fraudulent transactions, increase fraud monitoring, and close accounts. This action was pending in the United States District Court for the Northern District of Georgia before the Honorable Amy Totenberg and then the Honorable William Ray and survived a motion to dismiss in March 2018, and settled in 2020.
IN RE: TARGET CORPORATION CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: May 2016
Karen Hanson Riebel served as liaison counsel on behalf of financial institution plaintiffs who alleged that they incurred massive costs to cover fraud losses and card reissuance expenses resulting from Target’s conduct related to a data breach in December 2013. This case was venued in the United States District Court for the District of Minnesota before the Honorable Paul Magnuson. The case settled for approximately $60 million, including payments to the settlement fund, foregoing of additional card brand assessment payments, and fees.
FIRST CHOICE FEDERAL CREDIT UNION ET AL. V. THE WENDY’S COMPANY ET AL
Settled: Spring 2019
Karen Hanson Riebel served on the Plaintiffs’ Executive Committee on behalf of financial institutions who alleged that they suffered financial losses as a direct result of Wendy’s conscious failure to take adequate and reasonable measures to protect its point-of-sale and computer systems, resulting in a data breach beginning in October 2015. This litigation was pending in the United States District Court for the Western District of Pennsylvania, and, after substantial discovery and choice-of-law briefing, settled for approximately $50 million, including payments to the settlement fund, injunctive relief, service payments, and fees.
IN RE: EQUIFAX, INC. CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: June 2020
LGN partner Karen Hanson Riebel served as a member of the Financial Institution Plaintiffs’ Steering Committee on behalf of thousands of financial institutions damaged by the Equifax data breach. The breach was the result of Equifax’s lax security and negligence, and the action was pending in the United States District Court for the Northern District of Georgia before the Honorable Thomas Thrash. After the motion to dismiss was decided, the case settled in 2020.
GREATER CHAUTAUQUA FEDERAL CREDIT UNION ET AL v. KMART CORPORATION ET AL
Settled: June 2017
Karen Hanson Riebel was Co-Lead Counsel for financial institution plaintiffs and obtained $5.2 million in settlement funds, in addition to full payment of card brand assessments and changes to several practices related to data security and substantial injunctive relief.
IN RE: PREMERA BLUE CROSS CUSTOMER DATA SECURITY BREACH LITIGATION
Settled: January 2019
Karen Hanson Riebel served on the Plaintiffs’ Executive Leadership Committee on behalf of current and former members of Premera Blue Cross, a healthcare benefits servicer and provider, who allege that Premera negligently allowed their confidential information to be compromised as a result of a data breach announced in March 2015. This action was pending in the United States District Court for the District of Oregon before the Honorable Michael H. Simon and survived motions to dismiss in February 2017. As part of this litigation, the parties extensively briefed and argued the scope of applicable attorney-client privilege, resulting in a decision that has been discussed extensively by practitioners and others throughout the country. The parties settled on the eve of class certification in 2019.
ZIMMERMAN V. RIVERPLACE COUNSELING CENTER
Settled: September 2020
Kate Baxter-Kauf was appointed Co-Lead Counsel for the settlement class of former patients of Riverplace Counseling Center and obtained hundreds of thousands of dollars in settlement funds and changes to practices related to data security and substantial injunctive relief. Final approval of the settlement is scheduled for Spring 2022.