Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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These Shoes Weren’t Made for Walking (and They Aren’t Too Good for Standing Either): Court Dismisses Post-Breach Case Against Zappos for Lack of Standing

Last week yet another federal district court dismissed a post-data breach class action after concluding that the plaintiffs had not alleged any actual or imminent harm and, consequently, did not have standing to proceed. In re Zappos.com, Inc. Customer Data Security Breach Litig. MDL No. 2357, 12-cv-325 (D. Nev. June 1, 2015), arose out of a 2012 breach of Zappos’ servers, which...

Data Breach Class Action Plaintiffs Lack Standing

A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015). This class action was brought against a health insurer that suffered a data breach through the theft of...