Privacy Litigation 2020 Year in Review: Data Breach Litigation

Nancy R. Thomas, Zachary Maldonado, and Ani Oganesian of Morrison Foerster write:

Add a 270% increase in data breaches to the long list of unprecedented challenges in 2020. Cybersecurity is on the short list of major risks facing companies. And when a security incident happens, class actions often follow. Although data breach class actions are not new, we continue to see increases in the number of cases filed, evolving theories from plaintiffs’ counsel, and the development of settlement templates in these cases.

Class Action Filing Trends

We count 25 major data breach class actions filed this past year, treating multiple cases filed against a single defendant as one major class action.[1] Here’s what we are seeing in these cases:

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