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Personally Identifiable Information Future Harm

Benesch

First Circuit Dives Into Standards for Concrete Harm in Data Breach Litigation

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In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more

Vinson & Elkins LLP

Identity Theft is Not a Joke, Jim! — Third Circuit Finds Standing to Sue for Employee Data Breach

Vinson & Elkins LLP on

The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...more

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

Vinson & Elkins LLP on

In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

Jackson Lewis P.C. on

The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more

K&L Gates LLP

Deepening the Divide: D.C. Circuit Continues Circuit Split Regarding Standing in Data Breach Class Action Based on Risk of Future...

K&L Gates LLP on

The D.C. Circuit Court of Appeals recently reaffirmed its position that a plaintiff can establish Article III standing (federal court subject matter jurisdiction) based solely on the risk of potential future harm following a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Fenwick & West LLP

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

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