Google Decision Opens the Door for American-Style Class Action in U.K.: Six Ways to Avoid Liability and Analyzing What Constitutes Harm

The Court of Appeal of England and Wales’ decision in Richard Lloyd v. Google LLC, which allowed a class of 4 million to 5 million consumers to bring a representative action against Google for damages stemming from Google’s alleged tracking of iPhone users, could drastically change the class action landscape in the U.K. It is also a reminder to companies everywhere of the proactive risk mitigation measures they should be taking. In the first installment of a guest article series, Orrick attorneys Heather Sussman, Keily Blair, Doug Meal, James Lloyd, Matthew LaBrie and Lewis Brady compared U.S. and U.K. class action standards and examined the Lloyd Court’s analysis of harm and liability issues. The second installment discussed how class action liability is changing in light of Lloyd, and included advice on steps companies should take to mitigate cybersecurity litigation risk.

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