Data Security, Clapper v. Amnesty International

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

King & Spalding on 6/3/2021

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

OPM Faces Another Class Action For The Theft Of Data Affecting 21.5 Million Current, Former And Prospective Government Employees

King & Spalding on 8/31/2015

On August 14, 2015, a class action was filed in the United States District Court for the District of Columbia on behalf of about 21.5 million federal employees, contractors, and job applicants whose personal information was...more

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

Carlton Fields on 8/17/2015

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

Pillsbury - Internet & Social Media Law Blog on 8/14/2015

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Seventh Circuit Allows Data Breach Class Action to Proceed Against Neiman Marcus, Despite Lack of Current Harm to Credit Card...

Foley Hoag LLP - Security, Privacy and the... on 7/27/2015

Data breaches are often followed by class action suits in which the affected individuals seek damages. Corporations defending against such suits have used a 2013 Supreme Court case, Clapper v. Amnesty International, 133 S....more

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

Robinson+Cole Data Privacy + Security Insider on 7/23/2015

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more