Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Evolution of the Standing Requirement In Data Breach Class Actions

By Sean C. Coughlin, Vivian B. Isaboke and Akum K. Singh
November 01, 2022

As the digital age progresses, the risks associated with society's overall dependence on technology increase exponentially. Following the COVID-19 pandemic, millions worked remotely, relying on digital data and cloud computing — creating a new wave of digital workforce mobility. Consequently, due to the proliferation of consumer information online, cybercrimes increased dramatically, with data breaches targeting organizations and companies in an attempt to obtain and reveal sensitive or protected information of clients and employees.

Disputes related to the protection, or lack thereof, of consumer and employee information have become widespread. Many of these disputes are a result of data breaches. Data breaches allow hackers to obtain personal private data that they can then misuse in a number of ways. Thus, individuals whose information has been compromised seek ways to hold the entities responsible for safeguarding such information accountable. This has led to an increase in class action lawsuits related to cyberattacks in recent years. In 2021 alone, 36 major data breach class actions were filed. Employees were one-third of the overall plaintiffs.

As the landscape of cybersecurity and data privacy continues to evolve, so do the requirements needed to establish standing in regard to the type of harm suffered as a result of a data breach. Moreover, there has been a shift in the requirements needed to hold an organization legally and financially responsible for data stolen during a data breach.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.