DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review

Posted on May 20, 2017 by Dissent

Jonathan Forman writes:

Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores Inc. (Michaels) for failing to sufficiently allege an injury to support standing. This decision is significant because it widens the existing circuit split on what allegations constitute an injury-in-fact, particularly where a plaintiff seeks standing by alleging a substantial risk of harm resulting from a data breach.

Read more on BakerHostetler Class Action Lawsuit Defense.


Related:

  • The 4TB time bomb: when EY's cloud went public (and what it taught us)
  • Some lower-tier ransomware gangs have formed a new RaaS alliance -- or have they? (1)
  • Uncovering Qilin attack methods exposed through multiple cases
  • Predatory Sparrow Strikes: Coordinated Cyberattacks Seek to Cripple Iran's Critical Infrastructure
  • Ex-CISA head thinks AI might fix code so fast we won't need security teams
  • ModMed revealed they were victims of a cyberattack in July. Then some data showed up for sale.
Category: Commentaries and Analyses

Post navigation

← TN: Williamson County Schools warns parents of security breach in student/teacher software
Zomato Hacked; 17 Million Accounts Sold on Dark Web →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says
  • The Case for Making EdTech Companies Liable Under FERPA
  • NHS providers reviewing stolen Synnovis data published by cyber criminals

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation
  • Who’s watching the watchers? This Mozilla fellow, and her Surveillance Watch map

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.