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 determining whether standing exists....

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