Second Circuit Weighs in on Article III Standing in Data Breach Lawsuits, Denying Existence of a Circuit Split
By EsqSocial Corporation 21/05/21
While some states have enacted privacy laws granting consumers the right to bring a private right of action in a data breach context, federal courts have struggled to fit data breach injury into traditional Article III standing requirements. On April 26, 2021, in McMorris v. Carlos Lopez & Associates, LLC, the Second Circuit Court of Appeals addressed a question of first impression for the Circuit regarding when a plaintiff’s increased risk of future identity theft following a data breach case...
By: Akin Gump Strauss Hauer & Feld LLP