Second Circuit Court of Appeals Weighs In on Article III Standing in Data Breach Lawsuits, Denying Existence of a Circuit Split

The Computer & Internet Lawyer has published the article “Second Circuit Court of Appeals Weighs In on Article III Standing in Data Breach Lawsuits, Denying Existence of a Circuit Split” written by Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed, litigation counsel Molly Whitman and associate Shelly Kim. The article, adapted from an Akin Gump client alert, discusses the issues surrounding the federal courts’ challenges regarding the configuration of data breach injury into traditional Article III standing requirements.

A significant example of this is a recent case of first impression, McMorris v. Carlos Lopez & Associates, LLC at the U.S. Court of Appeals for the Second Circuit regarding whether a “plaintiff’s increased risk of future identity theft following a data breach case constitutes an injury sufficient to establish standing under Article III.” According to the authors, the circuit, while attempting to harmonize with other circuits’ approaches to the matter, “articulated a nonexhaustive list of factors courts may consider in determining standing and affirmed the district court’s dismissal for lack of Article III standing.”

To read the full article, click here.