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Expert Analysis

Lack Of Standing — Data Breach Defense In State Court Too

Law360, New York (August 7, 2014, 10:24 AM EDT) -- While data privacy — especially data breach — cases in the United States have been on the rise for years now, most cases never make it past the pleading stage. Indeed, federal courts frequently dismiss data privacy complaints for lack of standing under Article III of the U.S. Constitution — i.e., injury in fact. Article III has become the first (and often last) line of defense for companies accused of improperly collecting or protecting consumer data, particularly given the high costs of discovery and potential exposure in such cases....

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