Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation

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<img class="alignright size-medium wp-image-4678" src="https://dataprivacymonitor.bakerhostetlerblogs.com/wp-content/uploads/sites/5/2016/08/credit-card-iStock_000009899701_Large-200x300.jpg" alt="credit card iStock_000009899701_Large" width="200" height="300" />Early in May, the U.S. Court of Appeals for the Second Circuit in <em>Whalen v. Michaels Stores, Inc.</em>, No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores Inc. (Michaels) for failing to sufficiently allege an injury to support standing. This decision is significant because it widens the existing circuit split on what allegations constitute an injury-in-fact, particularly where a plaintiff seeks standing by alleging a substantial risk of harm resulting from a data breach.

<a href="https://www.classactionlawsuitdefense.com/2017/05/16/substantial-risk-of-harm-in-data-breach-class-actions-ripe-for-supreme-court-review/"><strong>Read more on BakerHostetler's Class Action Lawsuit Defense blog &gt;&gt;</strong></a>

Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review