Data Breach Class Actions: Addressing Future Injury Risk

By Robert Kriss and Jerel Dawson, Mayer Brown LLP (May 16, 2017, 12:22 PM EDT) -- Recently, the Eighth Circuit vacated an order approving a settlement in a data breach class action and remanded the case to the district court with instructions to address whether the interests of absent class members whose personal information had not been misused were adequately considered in approving the settlement. In re: Target Corporation Customer Data Security Breach Litigation, 847 F.3d 608 (8th Cir. 2017). The court of appeals asked the district court to consider whether an intraclass conflict existed between class members whose personal information had been misused and those whose information had not been misused as of the date of the settlement, and whether the conflict required certification of one or more subclasses with independent representation, or could be adequately addressed in some other fashion....

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!


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?
Ask a question!