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People Can Sue Over ‘Increased Risk’ of Identity Theft From Data Breach, Appeals Court Rules

New York Law Journal

26 Apr 2021

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

The U.S. Court of Appeals for the Second Circuit affirmed dismissal of plaintiff’s claim for lack of standing. While it noted that some plaintiffs may have Article III standing to sue over the unauthorized disclosure of their personal information, it held that the plaintiff here had failed to adequately allege she was at increased risk for fraud or identity theft.

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

Read the full article (subscription required).

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