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Evolution of the Standing Requirement In Data Breach Class Actions

By Sean C. Coughlin, Vivian B. Isaboke and Akum K. Singh
November 01, 2022

As the digital age progresses, the risks associated with society's overall dependence on technology increase exponentially. Following the COVID-19 pandemic, millions worked remotely, relying on digital data and cloud computing — creating a new wave of digital workforce mobility. Consequently, due to the proliferation of consumer information online, cybercrimes increased dramatically, with data breaches targeting organizations and companies in an attempt to obtain and reveal sensitive or protected information of clients and employees.

Disputes related to the protection, or lack thereof, of consumer and employee information have become widespread. Many of these disputes are a result of data breaches. Data breaches allow hackers to obtain personal private data that they can then misuse in a number of ways. Thus, individuals whose information has been compromised seek ways to hold the entities responsible for safeguarding such information accountable. This has led to an increase in class action lawsuits related to cyberattacks in recent years. In 2021 alone, 36 major data breach class actions were filed. Employees were one-third of the overall plaintiffs.

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