Do Claims Resulting From a Data Breach Have Any Success in Court?

Richard Raysman and Peter Brown write:’

… courts have begun to confront a myriad of legal questions arising from these incidents. Companies and employees have heretofore been subject to suit in myriad jurisdictions as a result of data breaches and disclosures. Heretofore, the results have not been consistent and remain largely contingent on the facts of a specific controversy. This article will discuss several pressing issues in the rapidly evolving area of law responsive to data breaches, including: litigating class action claims following a breach of consumer personal data; instances of settlement of data breach claims; and particularized data breach claims that arise after an involuntary divulgence of medical records.

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