Analysis

DC Circ. Piles Onto Standing Split With Data Breach Ruling

Law360 (June 28, 2019, 5:32 PM EDT) -- Circuit courts are continuing to reach divergent conclusions over whether the threat of data misuse is enough to allow data breach litigation to move forward, highlighting the growing need for the U.S. Supreme Court to bridge the gap. 

In a recent ruling reviving litigation over a data breach at the U.S. Office of Personnel Management, the D.C. Circuit split with several sister circuits in concluding that the heightened risk of identity theft was enough to clear the "low bar" for establishing standing at the pleading stage. 

Even though evidence of widespread identity theft and financial fraud has yet to emerge, the panel...

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