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Expert Analysis

Lessons From The Target Data Breach Settlement

Law360, New York (May 4, 2015, 10:29 AM EDT) -- Law360 recently reported that "29 percent of corporate counsel said they anticipate data privacy will be the next wave of class action litigation."[1] Based on the number of lawsuits stemming from major data breaches suffered by Target Corp., Home Depot Inc., and most recently Anthem Inc., that could be true. But plaintiffs that bring class actions on behalf of consumers affected by a data breach must overcome several legal and practical problems before ever getting their class certified. This results in settlements that frequently set aside just pennies per affected individual in cash compensation — even if the settlement includes large attorneys' fees and other noncash value....

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