Recent Decision: D.C. Circuit Rules That OPM Breach Victims Have Standing to Sue

from Lawfare With data breach incidents on the rise, federal courts are grappling with the issue of standing in class action lawsuits arising from data breaches. As Lawfare has covered previously, there is arguably a circuit split over whether plaintiffs can establish an “injury in fact,” one of three constitutional standing requirements, on the grounds that a breach has put them at a heightened risk of identity theft. In a 2-1 decision this past summer titled In re: U.S. Office of Personnel Management Data Security Breach Litigation, the U.S. Court of Appeals for the D.C. Circuit weighed in on that […]

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