In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BREAKING NEWS: Second Circuit Rejects “Suggestion” of Circuit Split, Issues Landmark Data Breach Ruling | Consumer Privacy World

Curious About Florida’s Failure

Every federal lawsuit requires standing for the court to have subject matter jurisdiction to hear the case, and standing requires an injury-in-fact.  As seen from our coverage this morning out of the Second Circuit.

In Derrick McCray v. John E. Wetzel & President, No. 3:20-cv-139, 2021 U.S. Dist. LEXIS 73782 (W.D. Pa. Apr.

CPW has been tracking data breach litigations for some time, including how the Courts of Appeals have addressed the question of Article III standing.  Yesterday the Second Circuit issued a monumental decision that attempts to weave together rulings from other courts to formulate a multi-factor standing analysis.  McMorris v. Carlos Lopez & Assocs., 2021

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Say It Isn’t So – Court Certifies Rule 23(b)(3) Damages Class in Data Breach Litigation | Consumer Privacy World

Court Dismisses Data

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

2021 CCPA Q1 Litigation Report: 35+ Cases Filed, Unsurprising Trend of Data Event Class Actions | Consumer Privacy World

State Privacy Law

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