Venue Can Be Game-Changer In Data Breach Suits: Report

Law360, New York (February 9, 2012, 5:43 PM EST) -- Companies should keep a close eye on the location of data breach class actions due to a circuit split on the types of injuries consumers must suffer to bring such suits, a Gibson Dunn & Crutcher LLP report released Tuesday said.

While the Ninth Circuit and the Seventh Circuit have ruled that the increased risk of future harm resulting from data breaches could count as an injury required for Article III standing, the Third Circuit recently determined that data breach victims needed to show they had...
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