Civil Litigation,
Constitutional Law
Jan. 23, 2019
What about standing when a hack is only theoretical?
See more on What about standing when a hack is only theoretical?Cases involving no real world breach or hack are likely to become increasingly prevalent, as more consumers purchase products controlled by computers or linked to the internet, such as self-driving cars.
Jason D. Russell
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Litigation
300 S Grand Ave, Suite 3400
Los Angeles , CA 90071
Phone: (213) 687-5000
Fax: (213) 687-5600
Email: jason.russell@skadden.com
Columbia Univ Law School
Federal circuit courts are split on whether a plaintiff can sufficiently establish injury-in-fact for Article III standing purposes when a data breach has occurred, with the Supreme Court recently denying certiorari in a case raising the issue. But what about Article III standing in data privacy and cybersecurity cases where a breach or hack is only theoretical, or has only occurred during a controlled experiment?
Cases involving no real world breach or h...
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