2 Years Of Clapper: Takeaways From 12 Data Breach Cases

Law360, New York (February 25, 2015, 5:13 PM EST) -- Feb. 26, 2015, marks the two-year anniversary of the U.S. Supreme Court's decision in Clapper v. Amnesty International USA,[1] which required plaintiffs to allege that a threatened injury is "certainly impending" in order to constitute an injury-in-fact sufficient to convey Article III standing. In this time, federal district courts in at least 12 data breach cases have applied Clapper.[2] While the majority of these courts have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists. This article provides an overview of these cases and highlights certain considerations that impacted the courts' analysis in...

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