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ARTICLE · 09 NOVEMBER 2018

Payment Card Data Is Not Trade Secret Information Under The DTSA

In a recent case involving hackers that stole "payment card data" from Chipotle.

United StatesIntellectual Property

Matthew Zimmerman is a Partner in our West Palm Beach office.

Suzanne M Aldahan is an Associate in our Fort Lauderdale office.

In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment card data was not a trade secret and dismissed the claims brought under the Defend Trade Secrets Act (DTSA). Bellwether Community Credit Union v. Chipotle Mexican Grill, Inc., Case No. 1:17-cv-01102 (D. Colo. Oct. 24, 2018).

Plaintiffs Bellwether Community Credit Union and Alcoa Community Federal Credit Union, individually and on behalf of a putative class of similarly situated financial institutions, sued Chipotle Mexican Grill, Inc. (Chipotle) seeking to hold Chipotle responsible for allegedly inadequate protective measures that allowed hackers to steal customers' payment card data. The dispute stemmed from a 2017

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