Attorneys said that companies should take note of a novel ruling this week from the U.S. Court of Appeals for the Second Circuit, which held that plaintiffs have constitutional standing to sue over the unauthorized disclosure of their personal information, even if they have not yet been the victims of identity theft or fraud.

The decision, on an issue of first impression for the Manhattan-based appeals court, was generally seen as a win for plaintiffs, who may now establish an injury based on an “increased risk” of harm once their sensitive data has leaked.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]