Fourth Circuit Weighs in on Standing in Data Breach Class Actions

One of the hotly litigated issues in data breach class action litigation is whether plaintiffs in these actions have standing under Article III of the US Constitution. For a complaint to survive, the plaintiff must allege facts to establish that the plaintiff suffered an actual or imminent injury in fact and that the injury to the plaintiff is traceable to and redressable by the defendant. Courts grapple with standing in cases where plaintiffs’ personal information has been exfiltrated in a…
By: Eversheds Sutherland (US) LLP