DataBreaches.Net

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

Third Circuit Offers Blueprint for Defeating Data Breach Class Actions

Posted on May 19, 2020 by Dissent

Jeffrey N. Rosenthal and David J. Oberly discuss how the Third Circuit offers defense attorneys a way to possibly get some data breach lawsuits dismissed. They write, in part:

Taken together, Reilly and Horizon operate to create a diving line between circumstances where standing might exist in the Third Circuit.

Under Horizon, standing can often be established where plaintiffs are able to allege violations of federal privacy law—which are considered de facto injuries, and thus sufficient to confer standing even in the absence of any economic loss or other injury

Conversely, where only common law claims are asserted, alleged injuries relating to an increased risk of fraud and identity theft (as well as costs incurred to mitigate such risks)—which involve only claims of future injuries, but where no injury or harm has occurred—may be too speculative to establish standing.

The other significant takeaway from these two cases is the Horizon court’s rejection of the use of remedial mitigation efforts to assist breach victims as evidence of an injury sufficient to establish standing.

Read the full article on Law.com.

Category: Commentaries and AnalysesFederalLegislation

Post navigation

← PsyGenics notifies patients after discovering employee emailed patient info to her personal email account
AU: My Health Record system hit by hack attempt →

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

  • Alabama Man Sentenced to 14 Months in Connection with Securities and Exchange Commission X Hack that Spiked Bitcoin Prices
  • Japan enacts new Active Cyberdefense Law allowing for offensive cyber operations
  • Breachforums Boss “Pompompurin” to Pay $700k in Healthcare Breach
  • HHS Office for Civil Rights Settles HIPAA Cybersecurity Investigation with Vision Upright MRI
  • Additional 12 Defendants Charged in RICO Conspiracy for over $263 Million Cryptocurrency Thefts, Money Laundering, Home Break-Ins
  • RIBridges firewall worked. But forensic report says hundreds of alarms went unnoticed by Deloitte.
  • Chinese Hackers Hit Drone Sector in Supply Chain Attacks
  • Coinbase says hackers bribed staff to steal customer data and are demanding $20 million ransom
  • $28 million in Texas’ cybersecurity funding for schools left unspent
  • Cybersecurity incident at Central Point School District 6

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

  • Privacy enforcement under Andrew Ferguson’s FTC
  • “We would be less confidential than Google” – Proton threatens to quit Switzerland over new surveillance law
  • CFPB Quietly Kills Rule to Shield Americans From Data Brokers
  • South Korea fines Temu for data protection violations
  • The BR Privacy & Security Download: May 2025
  • License Plate Reader Company Flock Is Building a Massive People Lookup Tool, Leak Shows
  • FTC dismisses privacy concerns in Google breakup

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[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.