We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more
2/9/2017
/ Administrative Procedure Act ,
Article III ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Motion to Dismiss ,
Privacy Laws ,
Standing ,
Subject Matter Jurisdiction ,
Substantial Risk of Harm ,
Summary Judgment
A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more
1/18/2017
/ Article III ,
Clapper v. Amnesty International ,
Cybersecurity ,
Data Breach ,
FACTA ,
Injury-in-Fact ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Substantial Risk of Harm