Cybersecurity, Injury-in-Fact

This Week At The Ninth: Voting Machines and Hunting Rights

Morrison & Foerster LLP - Left Coast Appeals on 10/23/2023

This week, the Ninth Circuit considers a plaintiff’s standing to challenge the use of voting machines and interprets a treaty granting an Indian Tribe the right to hunt. LAKE v. FONTES - The Court holds that plaintiffs’...more

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

Kilpatrick on 11/30/2022

Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

Imminent and Substantial: The Third Circuit Holds That the Leak of Personal Information onto the Dark Web is Sufficient to...

McNees Wallace & Nurick LLC on 11/18/2022

A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir....more

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

Kilpatrick on 10/28/2022

Takeaway: We have written a number of articles about standing issues arising in data breach class actions. See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact

Kilpatrick on 10/27/2022

Takeaway: We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts. See Data breach class actions: Southern District of...more

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Data Breach Class Action Against Radiology Companies Dismissed for Lack of Standing

Robinson+Cole Data Privacy + Security Insider on 5/27/2022

Last week, New York federal judge Vincent L. Bricetti dismissed a data breach class action against Northeast Radiology PC (northeast) and Alliance HealthCare Services (Alliance) because the plaintiffs failed to allege a...more

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Kilpatrick on 5/26/2022

Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more

Cybersecurity Class Actions Drawing a Split Among Circuit Courts

Pietragallo Gordon Alfano Bosick & Raspanti,... on 4/14/2022

Takeaway: In the wake of a data breach, a class of Plaintiffs whose personal and/or financial information is disseminated to third parties all share the same concern – the risk of future harm. But in order for these...more

The U.S. Supreme Court Raises the Bar on Standing in Privacy and Data Breach Class Actions

Mintz - Privacy & Cybersecurity Viewpoints on 6/29/2021

On Friday, a sharply divided U.S. Supreme Court issued a ruling, which significantly impacts the plaintiffs’ ability to pursue privacy and data breach class actions in federal courts. In TransUnion LLC v. Ramirez, Case No....more

Data breach class actions: Second Circuit sets out parameters for Article III injury-in-fact

Kilpatrick on 6/1/2021

Takeaway: Since the U.S. Supreme Court addressed the issue of standing based on allegations of possible future injury in Clapper v. Amnesty International USA, 568 U.S. 398 (2013), the courts of appeals have addressed this...more

Second Circuit Weighs in on Article III Standing in Data Breach Lawsuits, Denying Existence of a Circuit Split

Akin Gump Strauss Hauer & Feld LLP on 5/21/2021

While some states have enacted privacy laws granting consumers the right to bring a private right of action in a data breach context, federal courts have struggled to fit data breach injury into traditional Article III...more

Second Circuit ruling clarifies when data breach plaintiffs have adequately pleaded Article III standing

Ballard Spahr LLP on 5/10/2021

In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can rely on fear of identity...more

Second Circuit Ruling Clarifies When Data Breach Plaintiffs Have Adequately Plead Article III Standing

Ballard Spahr LLP on 5/6/2021

In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can rely on fear of identity...more

Lessons Learned From Eleventh Circuit’s Dismissal of Data Breach Suit Alleging Only Increased Risk of Future Harm for Lack of...

Blank Rome LLP on 4/26/2021

In the context of data breach class action litigation, the question of whether Article III standing can be satisfied is often dispositive of the outcome of an action. However, a deep circuit split currently exists between the...more

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

Jackson Lewis P.C. on 3/24/2021

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

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

Locke Lord LLP on 3/8/2021

Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

Faegre Drinker Biddle & Reath LLP on 3/2/2021

On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

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