Tag Archives: Privacy Class Action

Deeper Dive: Clapper Divide Expands In Data Breach Cases

As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet Article III’s cases-and-controversies requirement, specifically with regard to the injury-in-fact element of standing? Despite the prevalence of these allegations, … Continue Reading

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in a Series

This morning, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful decision (that would be anything other than 4-4) in the aftermath of Justice Scalia’s passing in … Continue Reading
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