Clapper Defense No Sure Bet In Home Depot Breach Suits

Law360, New York (September 11, 2014, 8:45 PM EDT) -- Home Depot Inc. is likely to point to the U.S. Supreme Court's landmark Clapper ruling to fend off the class actions piling up over its recent data breach, but attorneys say plaintiffs are quickly learning that they can bypass the defendant-friendly 2013 decision by proving that their data has been misused or that they relied on false security pledges.

Consumers in Georgia filed the first class action against Home Depot on Sept. 4, four days before the home improvement retailer confirmed that hackers had breached its customers' payment card data. Since the confirmation, consumers in Illinois and Missouri have brought three...

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

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!