Defending A Data Breach Class Action

Seth Rothman and Dennis Klein co-wrote an article for the National Law Journal entitled "Defending a Data Breach Class Action."

Tyler Grove and Jeff Goldberg contributed to preparation of the article, which also appeared in the New Jersey Law Journal, the Connecticut Law Tribune, The Daily Report and the Daily Business Review.

The June 6 article examined the wave of class-action litigation generated by data breaches at prominent retailers such as eBay, Home Depot, Nieman Marcus, Sony and Target. The authors discussed the principal defenses that have been raised on motions to dismiss, including lack of standing and insufficient causation, and some ways that data breach settlements have been structured.

"While not every data breach leads to litigation, the large, high-profile data breaches usually do," they wrote. "Targeted companies have been relatively successful at resolving these cases through motions to dismiss and settlement. But the stakes are getting higher, and plaintiffs' lawyers will continue to refine their pleadings to address some of the problems they have faced in the past. Companies need to be prepared to defend themselves aggressively."

To view the article please click on the PDF Version link.