Standing and the Emerging Law of Data Breach Class Actions
This article was published in the New Jersey Lawyer Magazine (No. 293, April 2015), the magazine of the New Jersey State Bar Association.
Excerpt
In the last few years, cybersecurity has been at the forefront of media coverage. Stories of data breaches at Target, Home Depot, Wyndham Worldwide, Barnes & Noble, Sony and Anthem, to name a few, have heightened the public's
awareness of cybersecurity and focused society on a corporation's obligations to draft and implement comprehensive polices and procedures for keeping personal information secure and responding when that information is compromised.
Indeed, the consequences of not implementing comprehensive polices and procedures and a response plan are significant. Corporations that fail to address cybersecurity run the risk of reputational harm, loss of intellectual property,
exposure to regulatory actions, civil litigation and loss of time and resources. This article focuses on the recent wave of class actions that have arisen when a data breach occurs, and addresses the primary hurdle to these claims.
The magazine is available online for New Jersey State Bar Association members at http://www.njsba.com/for-members/new-jersey-lawyer-magazine.html.
The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.