In an opinion piece for Reuters, Alison Frankel looks at whether it’s time for defendants to reassess risk in data breach class actions. While many class-actions have been filed in recent years, corporations have had a very effective way to get out of such cases early, Frankel writes, relying on the outcome in Clapper v. Amnesty International, which “tweaked the criteria for standing to sue in federal court.” In the case, the justices said plaintiffs were required to allege an actual or “certainly impending” threat of injury and failed to do so because they couldn’t speculate harm in the future. But that changed after the Target hack, when a judge ruled plaintiffs could move forward, which could mean a sea change.
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