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2nd Circ. Clarifies Data Breach Injury Standing Threshold

Law360

26 Apr 2021

Morrison & Foerster was featured in Law360’s coverage of a recent decision in McMorris v. Carlos Lopez & Associates, LLC.

In a 21-page opinion, a unanimous three-judge panel in the U.S. Court of Appeals for the Second Circuit held that plaintiffs had failed to establish Article III standing to sue over disclosure of some personal information. In particular, she had not alleged a sufficient risk of identity theft or fraud because she had not allege that her information was subject to a targeted data breach or that her information (or anyone else’s) had been misused.

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

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