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Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

28 July 2015

Cybersecurity and Litigation Alert

In a move counter to the trending precedent in data breach litigation, the U. S. Court of Appeals for the Seventh Circuit ruled on July 20 that data breach plaintiffs whose personal information was potentially exposed in a confirmed hacking breach of a major retailer’s network alleged enough risk of harm to meet the standing requirements of Article III of the U.S. Constitution. Plaintiffs’ lawyers will herald this decision, but standing is only the first of many hurdles data breach plaintiffs must cross to proceed to the merits in data breach litigation.

Read more: Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

The team

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