Fourth Circuit Weighs In On What Constitutes “Injury-in-Fact” in Data Breach Cases

By Spencer Persson (US) on April 3, 2017 Posted in Data breach, Dispute resolution and litigation

In Beck v. McDonald, the 4th US Court of Appeals joined at least 5 other circuits in analyzing whether mere allegations of future identity theft can establish injury-in-fact as required to confer Article III standing. … Continue reading

Sixth Circuit: Suit Challenging Data Breach Caused by Hacking May Proceed

By on September 18, 2016 Posted in Data breach, Dispute resolution and litigation

Data Protection Report - Norton Rose Fulbright

The U.S. Court of Appeals for the Sixth Circuit concluded that certain allegations of harm after a data breach caused by hacking are sufficiently concrete to confer Article III standing. This case may make it more difficult for companies defending data breach suits to quickly obtain dismissal of plaintiffs’ claims.… Continue reading

Increased Risk of Fraudulent Charges and Identity Theft Sufficient to Confer Article III Standing According to 7th Circuit

By on April 20, 2016 Posted in Data breach, Dispute resolution and litigation

After a district court dismissed a lawsuit filed by customers of restaurant chain P.F. Chang’s China Bistro whose payment card information was stolen during a data breach, the 7th Circuit Court of Appeals has revived the suit. In a ruling last week, the appellate panel found that customers whose payment card information was stolen in … Continue reading