New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of district courts dismissing such privacy claims for lack of standing. Those decisions run directly counter to some court rulings last year that made it easier for plaintiffs to state a claim where their information has been compromised. These competing trends may bring data breach litigation to the U.S. Supreme Court in the near future.

Originally published in Metropolitan Corporate Counsel on February 10, 2016.