A Wake-Up Call: Data Breach Standing Is Getting Easier

A year’s worth of federal appellate decisions that considered the standing issue following Spokeo demonstrate that plaintiffs have become increasingly more successful at persuading federal judges that they had pled a constitutional injury. This is a dramatic reversal in the trajectory of federal jurisprudence on “standing” in data breach cases and should be a wake-up call to companies that collect personal information from consumers, Boies Schiller Flexner attorneys Travis LeBlanc and Jon R. Knight argue. In this guest article, they analyze important standing decisions to date and provide advice to companies and their counsel on preparing for data breach litigation in 2018. See also “Third and Seventh Circuits Shed New Light on Spokeo Standing Analysis” (Feb. 8, 2017).

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