Click here to read more in an article by Margaret Dale and David Munkittrick, members of Proskauer’s Privacy and Data Security Group.
In a world full of electronic information (not to mention hackers and identity thieves), data breaches—the loss, theft, or unauthorized access to data—are a reality for companies that collect and store personal information. Breaches can occur in myriad ways: a hacker gains access to a database or an unencrypted laptop is stolen, to name but two prevalent examples. Almost as regular as night follows day, class action lawsuits follow data breaches—and as the volume of data breaches increases, so too does the volume of litigation. Yet federal standing and pleading requirements have thus far posed significant hurdles for plaintiffs.