News & Analysis as of

Motion to Dismiss Clapper v. Amnesty International

King & Spalding

Second Circuit Finds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Security Class Action

King & Spalding on

On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more

Jones Day

Ninth Circuit Finds Data Breach Customers Have Initial Standing to Sue

Jones Day on

The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more

Ballard Spahr LLP

Pennsylvania Data Breach Class Action Survives Motion to Dismiss

Ballard Spahr LLP on

A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more

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