Civil Litigation,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Jun. 25, 2013
Plaintiffs face tough initial hurdles bringing data breach claims
Plaintiffs who have not suffered actual losses from the use of their personal information have had a difficult time surviving the pleading stage.
Adam J. Thurston
Faegre, Drinker, Biddle & Reath LLPEmail: adam.thurston@faegredrinker.com
Vanderbilt Univ SOL; Nashville TN
For businesses in California and across the country, the risk of data breach litigation is on the rise. A myriad of federal and state laws, as well as an evolving body of case law, impose affirmative obligations to prevent the unauthorized disclosure of personal customer information and to notify those affected when data is compromised. The consequent legal and financial exposure to businesses may be mitigated, however, depending on how the law develops on the key issues of standing and ...
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