Prevailing Data Breach Defense Curbed By 7th Circ.
Law360, New York (July 21, 2015, 9:36 PM EDT) -- The Seventh Circuit's finding Monday that Neiman Marcus customers affected by a hacking incident are likely to suffer some form of future fraud will curtail defendants' use of a Supreme Court ruling that plaintiffs suing over a potential injury must prove impending certainty, a commonly cited precedent in data breach litigation, attorneys say.
With its decision, the Seventh Circuit became the first federal appeals court to address whether the high court's 2013 decision in Clapper v. Amnesty International — which held that plaintiffs suing over a future potential injury must show that it is "certainly impending" — applies in a data...
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!