CPW has been covering data breach litigations for some time (as a reminder of recent rulings of significance, check out our prior posts here and here).  This includes In Re: Wawa, Inc. Data Security Litigation and key related cases back in November and January.  On Thursday, the U.S. District Court for the Eastern

A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent harm.  In evaluating whether an alleged harm arising from a data breach is actual or imminent, New York courts apply a five-factor balancing test.  Under