How High Court's Clapper Ruling Will Impact Breach Cases

Law360, New York (March 5, 2013, 1:43 PM EST) -- On Feb. 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of constitutional privacy, the decision also will likely assist companies that have suffered data security breaches in obtaining dismissal of ensuing lawsuits by consumers claiming that their data was compromised in the breach.

The court held that in order to satisfy Article III’s standing requirement based on a threat of future harm, a plaintiff must show that the threatened injury is “certainly impending.” This holding has broad implications for data security...

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

Related Sections

Law Firms

Government Agencies