Mondelēz Workers Sue for Negligence After Bryan Cave Cyberattack

Current and former employees of Mondelez Global LLC brought two proposed class actions against the company alleging negligence and breach of contract after a data breach exposed their personal information.

Mondelēz, which makes snack foods including Oreo cookies and Ritz crackers, said more than 50,000 employees were affected by the cyberattack against law firm Bryan Cave Leighton Paisner earlier this year. A notice Mondelēz sent to affected employees said hackers had access to employee dates of birth, Social Security numbers, and home addresses.

Both of the complaints, filed June 23 in the US District Court for the Northern District of Illinois, accuse the company of negligence, breach of implied contract, and unjust enrichment by saving costs on security measures. One of the suits, brought by Daniel Berndt, also alleges breach of fiduciary duty to keep employee information secure.

“Instead of providing a reasonable level of security that would have prevented the Data Breach, Defendant instead made calculated decisions to avoid its data security obligations at the expense of Plaintiff and Class Members by utilizing cheaper, ineffective security measures,” said the other complaint, brought by Michael Shields.

The plaintiffs are seeking damages, class certification, and an order requiring Mondelēz maintain a comprehensive information security program.

Judge Jorge L. Alonso was assigned the Shields case. Judge Lindsay C. Jenkins was assigned the Berndt case.

Mondelēz didn’t immediately return a phone request for comment.

Milberg Coleman Bryson Phillips Grossman PLLC represent Shields and Berndt. A. Brooke Murphy of Oklahoma City represents Berndt. Attorneys for Mondelēz aren’t yet listed on the electronic docket.

The cases are Shields v. Mondelez Glob., LLC, N.D. Ill., No. 23-cv-3999, complaint filed 6/23/23 and Berndt v. Mondelēz Glob., LLC, N.D. Ill., No. 23-cv-4001, complaint filed 6/23/23.