Companies are entering 2023 with sky-high anxiety over potential legal fallout from data breaches, according to litigation-forecast reports published by law firms this week, and their worries are amplified by uncertainty over who courts will allow to bring claims.

The U.S. Supreme Court’s 2021 ruling in TransUnion v. Ramirez—requiring all class members to have an actual, concrete injury beyond the risk of future harm—imposed limits on standing that appeared favorable to companies.

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