Attorney Article

Law360 Publishes Das and Rizzo on Clarification of Data Breach Standing

Law360 Expert Analysis

October 17, 2022

Anjali Das (Partner-Chicago, IL) and Phil Rizzo (Associate-Merrillville, IN) collaborated on an article that appeared in the October 17, 2022, edition of Law360 in the Expert Analysis section. In “Post-TransUnion Ruling Clarifies Data Breach Standing,” the authors explore whether a plaintiff has sufficient standing to bring suit notwithstanding lack of actual or attempted misuse of their personal information by hackers. The outcome of the debate rests on two decisions, one issues by the U.S. Supreme Court (TransUnion) and the other by the Third Circuit Court of Appeals (ExecuPharm). Until another federal appellate court issues a data breach opinion inclusive of the TransUnion precedent, the authors opine, the ExecuPharm decision will likely be persuasive in federal district courts outside of the Third Circuit.

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