In Major Ruling, 2nd Circuit Says No Circuit Split on Data Breaches and Standing

Morrison & Foerster was featured in Reuters’ coverage of a recent decision in McMorris v. Carlos Lopez & Associates, LLC, in which the U.S. Court of Appeals for the Second Circuit addressed constitutional standing in data breach cases.

The Reuters columnist called the decision “an important synthesis of appellate precedent on constitutional standing” in the area. While the court noted that in some cases plaintiffs may be able to allege injury from an increased risk of future identity theft, the columnist noted that the court “put significant qualifiers” on that theory. And in this case the plaintiff’s complaint was properly dismissed because her harm “allegations were not up to snuff.”

Joe Palmore, Michael Miller, Lena Hughes, and Janie Buckley led the MoFo team representing Carlos Lopez & Associates.

Read the full article.