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Xerox crea su negocio de software CareAR ebizlatam.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ebizlatam.com Daily Mail and Mail on Sunday newspapers.
CareFirst launches virtual primary care practice thedailyrecord.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thedailyrecord.com Daily Mail and Mail on Sunday newspapers.
Firmer Footing for Data Breach Standing, Thanks to the Second Circuit | Locke Lord LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
[co-author: Lara McMahon] In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an unauthorized disclosure of their data. With this holding, the Second Circuit joins the Sixth, Seventh, Ninth, and D.C. Circuits in recognizing that a plaintiff can establish an Article III injury based solely on an increased risk of identity theft or fraud. 1 While the Third, Fourth, Eighth, and Eleventh Circuits 2 have declined to find standing on the facts of a case alleging an increased risk of future injury, they have not altogether foreclosed the viability of the increased-risk theory. ....
Last Thursday, the Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan and Senior Fourth Circuit Judge William Traxler sitting by designation, highlighted the disagreement among federal appellate courts about the type of harm that will support Article III standing in a data incident case. The court’s thorough caselaw review occupying eight of the opinion’s 26 pages lays the groundwork for Supreme Court review and is a not-so-subtle invitation for the justices to weigh in. ....