Data Breach Class Actions

Standing in Data Breach Cases Likely Heading Back to the Supreme CourtData breach plaintiffs often have a very difficult time stating a concrete injury, and courts have wrestled with whether these plaintiffs can file suit in federal court. We have been watching this issue and writing about it frequently. The issue is whether plaintiffs have suffered an “injury in fact” that gives them Article III

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They OccurConsumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the ground (as we have discussed previously), but we see far larger predominance problems looming for plaintiffs—chiefly in the area

The Economic Loss Doctrine as a Barrier to Data Breach RecoveryWe recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in class cases is that of the economic loss doctrine: Can a data breach plaintiff in a contractual relationship with