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Intellectual Property

Second Circuit Examines Factors for ‘Future Injury’ from Personal Information Disclosure

The U.S. Court of Appeals for the Second Circuit recently took that issue up as an “issue of first impression,” explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable “future injury” as a result of the unauthorized disclosure of their personal information.

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Electronic communication and data storage have become integral to almost every aspect of our business and personal lives. Email communication, content streaming, social media, online commerce and a host of other services — along with the associated data collection and sharing — are so much a part of modern life that we often forget that the underlying digital infrastructure even exists, at least until it fails.

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