Two Recent Federal Court Decisions May Signal New Approach to Data Breach Class Action Litigation

January 2012
Gary Zhao
Journal of Internet Law


Gary Zhao examines two recent cases where judges have changed their approach when considering a defendant’s motion-to-dismiss in a lawsuit involving breaches and theft of electronically stored information from organizations that hold or transact personal data. The evolving judicial approach to data-breach lawsuits has increased the chances of plaintiffs' claims to survive the motion-to-dismiss stage of the suit. With this in mind, Gary advises certain measures relevant businesses take in order to reduce electronic security risks and related litigation.

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