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Data Security Cybersecurity Injury-in-Fact

Ropes & Gray LLP

Unwrapping 2024’s Key Trends in Data Privacy Litigation

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Data breaches made headlines throughout 2024, affecting governments, health care groups, and telecoms. Follow-on litigation has kept pace. Nearly 4,000 class actions involving data privacy issues are estimated to be filed in...more

Kilpatrick

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

Kilpatrick on

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

McNees Wallace & Nurick LLC

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

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

Blank Rome LLP

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

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

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