High Court Raises Bar For Breach Claims

February 27, 2013 Posted in Firm News

Feb. 27, 2013 - Law360 - In rejecting a challenge to a federal surveillance law, the Supreme Court not only limited the ability of private citizens to fight spying programs, but also dealt a blow to their efforts to hold corporations accountable for data breaches, establishing they must prove they were actually harmed by hackers, not just exposed to them.

Defense attorneys in data breach class actions will likely cite the ruling heavily, according to Salazar Jackson LLP partner Luis Salazar.

“If you replace references to the government in the opinion with 'identity thieves,' then it's almost a template for denying standing in data breach class actions,” he told Law360.