Even as ransomware demands skyrocket in price, businesses continue to pay their attackers hoping to restore their operations and prevent the leak of sensitive customer or employee data. Indeed, one recent study reported that over half of surveyed ransomware victims opted to make these payments. But paying the ransom seldom ends the ordeal for companies as they often become targets for class action litigation, particularly when the attackers manage to steal sensitive customer or employee data.

Nevertheless, the Supreme Court’s decision in TransUnion may provide a pathway for ending that litigation early if the ransom is paid to prevent data leakage. Below we explain how companies can seize upon that case law to position themselves for a favorable outcome in litigation.

A New Standing Regime Under ‘TransUnion’

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