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Analysis

Data Breach Suits Find Easier Path With DC Circ. Ruling

Law360, New York (August 3, 2017, 10:47 PM EDT) -- The D.C. Circuit recently embraced the premise that the risk of future harm can be enough to meet the Spokeo standing bar in a data breach case involving health insurer CareFirst, deepening a circuit split that’s been fueled in part by judges’ growing familiarity with how such intrusions play out.

Tuesday’s unanimous decision from a three-judge panel is the latest entry in a contentious debate over what exactly plaintiffs need to establish to sustain negligence or similar claims in the wake of a massive data breach. Must the alleged harm have already come to pass, or must it only be substantially...

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