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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
New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more
On April 27th, the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, to consider a question critical to the viability of data breach class actions: standing. Since the Court’s most recent standing...more