March 6, 2017 – The article, "Do Mitigation Efforts Give Plaintiffs A Right to Sue in Data Breach Cases?" was published in New York Law Journal.
Imagine that your credit card information is stolen in a data breach. Do you have standing to sue the company where the data breach occurred? Most courts would say “no,” not unless the hackers misuse your information and you incur fraudulent charges. But if there is a substantial risk that this may happen and you take steps to prevent it, you may be able to recover your mitigation costs.