Once More Unto the Breach: A Discussion of Recent Data Breach Litigation
The Anthem settlement appears to represent yet another watershed moment in data breach litigation. This is a still a relatively new and rapidly evolving field, but, as more and more of these cases are filed, several recurring battle lines have emerged through parties' arguments and judicial opinions. This article discusses two such issues—standing and class certification. It also discusses the prospect of additional clarity in this area.
July 25, 2017 at 12:21 PM
10 minute read
$115 million. 80 million class members. 120 lawsuits.
These three numbers capture only a small part of the story in Anthem, a multidistrict data breach litigation before Judge Lucy Koh in the Northern District of California. Last month, the Anthem parties agreed to settle all claims for $115 million—a new record for data breach cases (by comparison, data breach cases against Target and Sony Pictures settled for $18 and $3 million, respectively).
The Anthem settlement appears to represent yet another watershed moment in data breach litigation. This is a still a relatively new and rapidly evolving field, but, as more and more of these cases are filed, several recurring battle lines have emerged through parties' arguments and judicial opinions. This article discusses two such issues—standing and class certification. It also discusses the prospect of additional clarity in this area.
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