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Perspective

Jul. 2, 2016

Spokeo decision narrows the path for data breach plaintiffs

The first indications of this new landscape for data security litigants are already beginning to emerge. By Michelle Visser, David Cohen and Dan Routh

Michelle L. Visser

Orrick, Herrington & Sutcliffe LLP

Phone: (415) 773-5700

Email: mvisser@orrick.com

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By Michelle Visser, David Cohen and Dan Routh

On May 16, the U.S. Supreme Court tightened constitutional standing requirements by holding that a concrete injury is required of all private plaintiffs seeking access to the federal courts, even those alleging violations of a federal statute for which statutory damages are available. The court also confirmed that the possibility of future harm cannot suffice as concrete injury unless the threatened ...

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