The New Normal: Easier Data Breach Standing Is Here to Stay

The past year saw increases in both the size and scope of data breaches and the likelihood that plaintiffs will be able to show Article III standing. While some district courts still push back on the more creative standing arguments, more than half of the federal appellate courts have now addressed questions of data breach standing post-Spokeo, and all circuits that considered the issue in 2018 found standing existed. In this guest article, Jon R. Knight, an attorney at Boies Schiller Flexner, analyzes several recent decisions on this issue and provides advice for companies on how to approach breach preparation and litigation based on this case law. See “A Wake-Up Call: Data Breach Standing Is Getting Easier” (Jan. 17, 2018).

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