U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Jan. 23, 2019
Circuit split underscores the need for strategic thinking in defending cybersecurity class actions
See more on Circuit split underscores the need for strategic thinking in defending cybersecurity class actionsThe 6th, 7th, 9th and D.C. Circuits have set a lower bar for what satisfies the requirements for Article III standing in a cybersecurity case than the 2nd, 3rd, 4th and 8th Circuits.





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.

There is currently a substantial circuit split on the appropriate standard for finding Article III standing in putative cybersecurity breach class actions. The 6th, 7th, 9th and D.C. Circuits have set a lower bar for what satisfies the requirements for Article III standing in a cybersecurity case than the 2nd, 3rd, 4th and 8th Circuits. The conflict among the circuits cries out for Supreme Court resolution and compels companies and their lawyers to think strategically...
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