Judith Archer Sean Topping

September 13, 2024 | New York Law Journal

The authors examine whether invasion of privacy torts—intentional torts—are actually analogous to data breaches where claims sound in negligence and the alleged harm may be a risk of future identity theft, rather than embarrassment or other dignitary harms. The diverging approaches of lower courts in addressing this question suggests a struggle with applying historical tradition to these novel data privacy claims.

By Judith Archer, Sean Topping and Joe Hughes

8 minute read

May 22, 2024 | New York Law Journal

A discussion of the recent Second Circuit decision 'Bohnak v. Marsh & McLennan Companies, Inc.' The article evaluates its approach, presents the differences as applied in other circuits, identifies areas in New York state law where this would arguably conflict, and offers practical advice on defending a data breach case in New York in light of this case.

By Judith Archer, Sean Topping and Joe Hughes

8 minute read