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Harm Threshold Hard To Meet; Supreme Court May Soon Clarify Class-Action Questions

PRIVACY LAW—U.S.

February 11, 2014

In an exclusive for The Privacy Advisor, Dana Post of Freshfields Bruckhaus Deringer writes about the difficulty plaintiffs face in proving “future harm” after a data breach. “Where actual harm is sufficiently alleged—such as identify theft or fraudulent charges—a claim is more likely to proceed,” Post writes. Meanwhile, a Kansas federal judge recently dismissed two proposed class-actions filed over a breach at Nationwide Mutual Insurance Co., stating the plaintiffs couldn’t prove harm. Given the class-actions filed following Target’s recent breach, there is an increased focus on class certification, writes Amy Cadle Hocevar of Squire Sanders, adding the Supreme Court may soon provide guidance on who can and cannot comprise a class member.
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