Court Breaks New Ground on ID Theft, But Lack of Risk Dooms Case

Morrison & Foerster was featured in Bloomberg Law’s coverage of a recent decision in McMorris v. Carlos Lopez & Associates, LLC.

The U.S. Court of Appeals for the Second Circuit held that while some plaintiffs may be able to establish standing based on an increased risk of identity theft or fraud following the unauthorized disclosure of their data, the plaintiff here had failed to do so. In particular, the plaintiff did not allege “her personally identifiable information was the subject of a targeted breach or that it was misused.” As a result, the plaintiff failed to establish an Article III injury, the court said. Bloomberg Law noted this was “an issue of first impression” in the Second Circuit.

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

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