Analysis

9th Circ.'s Zappos Ruling Leaves Data Breach Standing Fuzzy

Law360 (March 19, 2018, 6:16 PM EDT) -- The Ninth Circuit this month added to the confusion over whether theft of consumer data is enough to establish Article III standing in the wake of two landmark U.S. Supreme Court rulings, reviving privacy claims brought by a group of consumers after a massive data breach at Zappos.com affected 24 million shoppers.

In light of the high court’s landmark rulings in Clapper v. Amnesty International and Spokeo v. Robins, federal appeals courts have come to sharply different conclusions on the issue of whether data theft alone is sufficient to establish an actual and imminent injury.

The Ninth Circuit offered the latest...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS