Yahoo Faces Punitive Damages Over Data Breaches
Yahoo Inc. will face punitive damages over data breaches that affected more than 3 billion email user accounts after a federal judge refused to dismiss most of the claims.
March 12, 2018 at 06:12 PM
3 minute read
The original version of this story was published on The Recorder
Yahoo Inc. will face punitive damages over data breaches that affected more than 3 billion email user accounts after a federal judge refused to dismiss most of the claims.
In a Friday order, U.S. District Judge Lucy Koh of the Northern District of California found that plaintiffs had sufficiently pleaded allegations that Yahoo should face punitive damages for its negligence. In particular, the judge cited, Yahoo's former chief information security officers knew there were problems with Yahoo's data security. She specifically referenced internal documents between one of the former chief information security officers and Yahoo's general counsel that contradicted the company's public statements.
“These circumstances make plausible plaintiffs' claim that high-ranking executives and managers at Yahoo, including its CISO, committed oppressive, fraudulent, or malicious conduct,” Koh wrote.
Lead plaintiffs attorney John Yanchunis of Morgan & Morgan in Tampa, Florida, called the decision a “significant win.”
“The order is extremely well written, a tremendous amount of analysis,” he said. “The claims that allow us to get punitive damages are pretty significant. We tether those to negligence claims, and she found if we could provide conduct of reckless nature, we could get punitives from a jury. And that's substantial here.”
Last month, Yahoo, represented by Hunton & Williams, brought in Gibson, Dunn & Crutcher as additional counsel in the case. Ann Marie Mortimer of Hunton & Williams and Theodore Boutrous of Gibson Dunn did not respond to requests for comment.
The case involves three breaches that occurred between 2013 and 2016.
In 2016, Yahoo disclosed that 500 million accounts had been hacked in 2014, compromising names, email addresses, phone numbers, birth dates and passwords.
Months later, Yahoo disclosed another breach from 2013 that affected 1 billion accounts. On Oct. 3, Yahoo parent company Verizon upped that figure to about 3 billion accounts.
In 2017, Yahoo notified users about a third breach that had occurred in 2015 and 2016.
In August, Koh largely refused to dismiss the consolidated complaint.
Friday's order pertained to 11 of the 13 claims in an amended complaint filed on Dec. 19. Those included claims that Koh had previously allowed plaintiffs to amend, plus punitive damages that were added to the case.
Koh didn't uphold all the claims. She dismissed claims that Yahoo violated California's breach notification law by failing to timely disclose the full scope of the 2013 breach, calling those allegations “too uncertain to divine any date of discovery, whether specific or estimated.”
“We're in discovery, and we may be able to come back to her and convince her that that claim should survive,” Yanchunis said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
- 1Daniel Habib to Serve as Next Attorney-in-Charge of NY Federal Defender Appeals Unit
- 2Protecting Attorney-Client Privilege in the Modern Age of Communications
- 3High-Profile Sidley M&A Partner Heads to Covington
- 4Stars and Gripes: Firms Need a 'Superstar Culture' to Crack the U.S. Market
- 5BCLP Exploring Merger Prospects as Profitability Lags, Partnership Shrinks
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250