Litigation: Recent developments in privacy class actions

1st Circuit decision could bring a new dawn for plaintiffs or doom history to repeat itself

For years, the plaintiffs’ bar has faced a virtually insurmountable barrier in pursuing class action litigation in the data breach/consumer privacy context. Absent actual theft and misuse of customers’ data by a third-party, plaintiffs generally have been found to lack standing and/or failed to establish the elements of a damages claim, and the litigation has been dismissed at the earliest stages.

However, a recent case in the 1st Circuit, as well as cases in the 9th and 7th Circuits, could represent either a vulnerability in this barrier upon which creative plaintiffs can capitalize, or simply a modified analysis that does not change the typically adverse outcome for plaintiffs.

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Donna Wilson

Donna L. Wilson is a partner in the Los Angeles office of BuckleySandler LLP where she leads the firm’s West Coast litigation practice, with a...

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