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A Closer Look At Barnes & Noble Data Breach Ruling

The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

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