Barnow and Associates has been a pioneer in the field of data breach and privacy litigation since its inception. Our expertise in complex data breach litigation, gained through years of experience, helps us hold corporations and institutions accountable when they fail to protect your information.
In Re: TJX Retail Security Breach Litigation, MDL No. 1838.
Ben Barnow served as one of Co-Lead Settlement Class Counsel for the Consumer Track in this MDL proceeding relating to the theft of approximately 45 million credit and debit card numbers used at TJX stores and the personal information of over 454,000 TJX customers. Mr. Barnow took the lead in negotiating a settlement with TJX’s attorneys that made available valuable benefits to the Class. The Honorable Judge Young granted final approval to the settlement, which he referred to as “excellent,” and as containing “innovative” and “groundbreaking” elements.
Lockwood v. Certegy Check Services, Inc.
Ben Barnow served as one of Co-Lead Settlement Class Counsel in this consolidated proceeding relating to the theft of approximately 37 million individuals’ private and confidential information from Certegy Check Services, Inc.’s computer databases. Mr. Barnow organized all plaintiffs’ counsel and pending cases without the benefit of an MDL and negotiated a settlement that was granted final approval. At the final fairness hearing, the Honorable Judge Merryday described the settlement as a “good deal,” providing “a real benefit to a large class of persons” as “the result of the focused attention of skilled counsel for a protracted time.”
In Re: Countrywide Fin. Corp. Customer Data Security Breach Litigation, MDL No. 1998.
Ben Barnow served as one of Co-Lead Settlement Class Counsel in this forty-case MDL proceeding relating to a former Countrywide employee’s theft and sale of millions of Countrywide customers’ private and confidential information. Mr. Barnow negotiated a settlement that was granted final approval, making valuable benefits available to approximately 17 million Settlement Class Members. In the opinion granting final approval to the settlement, the Honorable Chief Judge Russell noted that “Co-Lead Settlement Counsel are nationally recognized in the field of class actions, particularly those involving security breaches,” and stated that “the Court was impressed with Co-Lead Counsel and Countrywide counsels’ knowledge and skill, as represented in the various motions and hearings that took place throughout this settlement process.”
Rowe v. Unicare Life and Health Insurance Co.
Ben Barnow was Lead Counsel in this proceeding relating to the defendants’ alleged failure to secure the private health information of approximately 220,000 individuals enrolled in the defendants’ health insurance plans, resulting in such information being accessible to the public via the Internet. Mr. Barnow negotiated a settlement that was granted final approval. At the preliminary approval hearing, the Honorable Judge Hibbler described the efforts of the parties as “exemplary.”
In Re: Heartland Payment Systems Inc., Data Security Breach Litigation, MDL No. 2046.
Ben Barnow served as one of Co-Lead Counsel for the Consumer Track in this MDL proceeding relating to what, at the time, was reported as one of the largest data security breaches in history. Mr. Barnow negotiated a settlement on behalf of a Settlement Class that is estimated to include more than 120 million members. Notice of the settlement was completed and only one objection was received. Final approval of the settlement was granted.
Cochran v. Kroger Co.
Ben Barnow took a leading role in this litigation against Kroger involving a data breach of Accellion’s File Transfer Appliance affecting a class of Kroger customers and employees. He was instrumental in negotiating a settlement that made benefits of $5 million available to the settlement class. He was appointed as one of Class Counsel and the Settlement was finally Approved.
In re: Zappos.com Inc. Customer Data Security Breach Litigation
Ben Barnow was one of Co-Lead Class Counsel and settlement class counsel in this litigation, which resulted in a landmark Ninth Circuit ruling recognizing the Article III standing of consumers harmed by data breaches. He also successfully opposed Zappos’ petition for writ of certiorari to the Supreme Court of the United States, where he served as counsel of record for plaintiffs. After many years of litigation, he negotiated a settlement that was granted final approval. The Settlement provided Class Members with CAFA-compliant coupons that were redeemed for over $5 million.
Winstead v. ComplyRight, Inc.
Ben Barnow served as one of Co-Lead Settlement Class Counsel in this proceeding relating to the theft of approximately 665,000 individuals’ private and confidential information (including Social Security numbers) from ComplyRight, Inc.’s web portal. Mr. Barnow and his Co-Lead Settlement Class Counsel negotiated a settlement that included the creation of a $3,025,000 settlement fund and which allowed Settlement Class members to claim, at their selection, a cash payment, a protection plan option, or reimbursement of up $200 in documented and unreimbursed out-of-pocket expenses incurred as a result of the Data Breach. Final approval of the settlement was granted.
