9th Circ.'s Zappos Ruling Leaves Data Breach Standing Fuzzy
Partner Ron Raether is quoted in a Law360 story titled, “9th Circ.'s Zappos Ruling Leaves Data Breach Standing Fuzzy.” Earlier this month, the Ninth Circuit “added to the confusion over whether theft of consumer data is enough to establish Article III standing in the wake of two landmark U.S. Supreme Court rulings, reviving privacy claims brought by a group of consumers after a massive data breach at Zappos.com affected 24 million shoppers.” The court embraced the premise that a risk of future harm stemming from the theft of consumer data is enough for standing, which is at odds with rulings by the Second, Third, Fourth and Eighth circuits. Raether is quoted, saying, “Courts will continue to struggle on whether a data breach is a signal that a company did something wrong or is itself a victim and should not be further burdened with litigation.”