Do plaintiffs in data breach cases have a leg to stand on?
By Kacie Donovan. Data breaches and resulting amounts of compromised personal information are increasing rapidly. The FBI has said “[T]here are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies that have been hacked and will be hacked again.” Unsurprisingly, plaintiffs affected by these ever-common data breaches are seeking relief in court. Standing doctrine is a hotly contested battleground for the parties to litigation following a data breach. In some courts, plaintiffs experience difficulty demonstrating that the theft of their data alone gives them standing. Several courts require that the data be misused in order for a plaintiff to establish standing. Background on Standing in Data Breach Litigation Justice Scalia once described standing in “pedestrian terms,”…