Yesterday, California Attorney General Xavier Becerra announced a $17.5 million multi-state settlement with The Home Depot, Inc. regarding a data breach affecting point-of-sale systems at the retailer’s facilities. The breach affected the payment card information of approximately 40 million consumers and 53 million email addresses. The settlement includes both monetary and injunctive relief, pursuant to which the retailer will implement increased security policies and procedures.

In announcing the settlement, Attorney General Becerra stated that the retailer had, among other things, failed to “stay apprised of evolving security standards.” The settlement is an important reminder of the need for companies to keep abreast of developments in consumer privacy and cybersecurity.

Attorney General Becerra joined more than 40 other state attorneys general in securing the settlement. The California case is California v. Home Depot U.S.A., Inc. et al., No. 20-CIV-05220 in the Superior Court of California for San Mateo County. The settlement, which is pending final approval, is available here.

Print:
EmailTweetLikeLinkedIn
Photo of Dominique Shelton Leipzig Dominique Shelton Leipzig

Privacy and cybersecurity attorney Dominique Shelton Leipzig co-chairs the firm’s Ad Tech Privacy & Data Management group.

Photo of David T. Biderman David T. Biderman

David Biderman, a partner in Perkins Coie’s San Francisco and Los Angeles offices, focuses his practice on mass tort litigation and consumer class actions. He heads the firm’s Mass Tort and Consumer Litigation group. He has represented a wide variety of companies in…

David Biderman, a partner in Perkins Coie’s San Francisco and Los Angeles offices, focuses his practice on mass tort litigation and consumer class actions. He heads the firm’s Mass Tort and Consumer Litigation group. He has represented a wide variety of companies in state and federal courts in California for 30 years.

On consumer class actions, David represents packaged food companies, coffee companies, dairy companies, footwear companies and others whose nutritional or health claims have been challenged. He also has represented search engines and other online companies. He has a record of favorable results for clients. He successfully tried a major consumer fraud class action on behalf of one of the world’s major search engines in a case involving online gambling advertisements. For that same client, he negotiated a favorable settlement of a class action challenging its online advertising pricing. He represented a major coffee retailer in defeating a class action on standing grounds. He also has litigated pre-emption defenses arising out of food labeling and obtained a dismissal for a client whose nutritional statements were challenged.

For fifteen years, David managed the firm’s full-service product liability team responsible for defending over 1,000 toxic tort cases pending in Los Angeles and Northern California state courts. These cases entailed ongoing trial activity at various levels for several trials set each month. The highly experienced and well-coordinated team has handled thousands of asbestos toxic tort cases for a variety of clients, including FORTUNE 500 companies from such industries as consumer products, aerospace manufacturing, household goods, dry cleaning and industries that generate electromagnetic fields, such as electric utilities and operators of wireless communications systems.