Employees of TransPerfect Global who said they faced “increased risk” of identity theft after their personal information was stolen in a January 2017 data breach lack standing to sue because they had not suffered an actual or impending injury, attorneys for the company said last week in filings in New York federal court.

The argument was included June 9 on TransPerfect's motion to dismiss a proposed class action initially filed by Jesse Sackin, a former employee who alleged the company was negligent in failing to prevent the attack. Sackin and other former employees said the attack exposed workers' personal data, including names, Social Security numbers and direct deposit bank account information.

Claudia McCarron, a Pennsylvania-based attorney representing the company, cited the U.S. Supreme Court's 2013 opinion in Clapper v. Amnesty International USA to argue that fear of future harm related to a data breach—and the costs of mitigating it—are not sufficient to establish an injury-in-fact under Article III of the U.S. Constitution.

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