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...

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