Seventh Circuit Reopens a Door for Plaintiffs in Data Breach Class Actions

The Seventh Circuit recently revived a prominent data breach class action by reversing the lower court’s dismissal, and in doing so gave similarly situated plaintiffs ammunition to argue that they have standing.  In Remijas v. Neiman Marcus Group LLC, the Court found that class action plaintiffs satisfied the Article III standing requirements for injury, a hurdle that many similar plaintiffs have failed to clear.  The decision contains lessons for both plaintiffs and defendants in future data breach class actions.  See also “Lessons from the 2013 Target Data Breach: What Future Resolutions of Large-Scale Data Breaches May Look Like,” Cybersecurity Law Report, Vol. 1, No. 3 (May 6, 2015).

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