TransUnion Ruling Limits Standing But Could Hurt Defendants

By David Saunders and Peter Scheyer (July 20, 2021, 5:58 PM EDT) -- Some members of the defense bar heralded the U.S. Supreme Court's recent decision in TransUnion LLC v. Ramirez[1] as a victory that could put to rest the drumbeat of data breach litigation where there was only risk of future harm; and undoubtedly, there was a lot to like from a defendant's perspective in the Supreme Court's opinion.

We, however, are concerned that Ramirez could represent a pyrrhic victory, the effects of which will be felt in the trial courts for years to come.

Specifically, Ramirez may further shift standing arguments from a motion-to-dismiss argument into one that is not ripe until...

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