Cadwalader Attorneys Review Challenges To Standing In Data Privacy And Cybersecurity Cases

Cadwalader attorneys examined recent data privacy and cyber-security cases that may help class action plaintiffs establish Article III standing in federal court. In a memorandum titled "Dual Decisions Provide Narrow Path for Plaintiffs to Establish Standing in Data Breach and Cybersecurity Suits," Cadwalader attorneys reviewed Spokeo, Inc. v. Robins, a Supreme Court case that held that an online search engine's failure to collect and report an individual's personal information accurately was insufficient to establish standing for a class-action lawsuit. The Supreme Court held that a mere technical violation of a consumer protection statute without any indication of alleged harm to the plaintiff failed to constitute an injury that was both "concrete and particularized" and "actual or imminent." Cadwalader attorneys suggested that, going forward, defendants likely will argue that this standard applies to data breach and cybersecurity actions where plaintiffs show