Fourth Circuit Sets Middle-of-the-Road Threshold for Establishing Article III Standing in Data Breach Class Action Litigation

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Today, a clear divergence of opinions exists among the federal courts of appeal as to the appropriate evidentiary threshold that must be met for establishing Article III standing, which varies significantly among the different appellate circuits. The author of this article discusses a U.S. Court of Appeals for the Fourth Circuit decision on the issue.

Originally published in the May 2019 edition of Pratt’s Privacy & Cybersecurity Law Report (Vol. 5, No. 4).

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