Home Depot Breach Case Shows ‘Cash-Plus’ Deals Are Key

March 9, 2016 – Media Mention
Law360

Ron Levine was quoted in Law360 about a deal Home Depot struck to settle putative consumer class claims over its massive 2014 data breach. The deal requires the retailer to establish a $13 million settlement fund to compensate consumers for out-of-pocket losses or unreimbursed expenses "fairly traceable" to the data breach, pay an additional $6.5 million to finance 18 months of "identity protection" services for all class members who had their payment card data exposed through the breach, and implement new data security measures. Ron noted, "These 'cash-plus' settlements significantly improve the chances that the settlement will be approved by the court and withstand challenges from objectors who may take issue with the sufficiency of the settlement."