U.S. Supreme Court,
Civil Litigation,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Mar. 19, 2018
Data breach standing ruling invites review
The 9th Circuit recently said merely having personal information exposed in a breach is sufficient harm to justify Article III standing — creating a circuit split the Supreme Court needs to remedy.
Ian C. Ballon
Partner
Greenberg Traurig LLP
Phone: (650) 289-7881
Email: ballon@gtlaw.com
Ian defends cybersecurity and data privacy class action suits, among other technology cases, and is co-chair of Greenberg Traurig LLP's Global Intellectual Property & Technology Practice Group and the author of the 5-volume treatise, "E-Commerce & Internet Law" 2d edition (www.ianballon.net). The views expressed are solely those of the author.
In In re Zappos.com, Inc., 2018 DJDAR 2177 (March 8, 2018), the 9th U.S. Circuit Court of Appeals ruled that merely having personal information exposed in a security breach constitutes sufficient harm to justify Article III standing in federal court, regardless of whether the information in fact is used for identity theft or other improper purposes. In so ruling, the 9th Circuit invites a petition for certiorari to the U.S. Supreme Court ba...
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