Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court’s decision in Clapper:  “No Data Misuse? No Standing For Data Breach Plaintiffs.”  Judy’s piece highlights the challenges that face data breach plaintiffs post-Clapper, but also points out that:

The continued proliferation of data breaches is sure to be followed by a concomitant proliferation of lawsuits by data breach victims. In fact, the surge of recent cases has shown no signs of stopping, with the Southern District of Florida recently approving a $3 million data breach class action settlement against a health insurer, even without allegations that the plaintiffs’ data had been misused, and nearly 70 class actions being filed against Target Corp. based on its recent data breach.

We have and will continue to cover Clapper and its impact on privacy and data breach litigation. You can see some of our prior coverage here, here, and here.