Data Breach Litigation Review and Update

Nancy Thomas and Matt Wyatt authored an article for Pratt's Privacy & Cybersecurity Law Report discussing recent cyber incident highlights and what we can expect for the rest of 2022.

"Even with the significant increase in major data breach litigation filed in 2021, we again predict that we will see even more major data breach cases filed this year given the enormous increase in all types of security incidents in 2021," the authors wrote. "It will be important to watch the briefing and the Eleventh Circuit’s ruling on the district court’s order granting class certification in the Brinker data breach litigation. The appeal tees up several related issues we see in all data breach class actions, including whether the court can certify a class in which the majority of putative class members have no injury and therefore lack Article III standing, whether individual issues predominate in proving harm caused by the breach, and whether plaintiffs can rely on an expert opinion attempting to smooth out individual issues by proposing an average amount of damages per putative class member."

Read the full article.