Beyond Standing: Economic Experts In Breach Class Actions
Law360, New York ( May 14, 2015, 10:11 AM EDT) -- The recent experience of Anthem Inc. , a large insurer, highlights some of the emerging trends in data breach litigation. Less than a day after Anthem made the announcement that personal health information and other personally identifiable information of as many as 80 million of its customers were compromised by hackers, a class action complaint was filed accusing Anthem of failing to protect its customers. [1] The speed with which the complaint was filed was not in and of itself unprecedented; many of the companies recently suffering data breaches have faced a class action complaint in the days following the announcement of a breach. Rather, the ubiquity of these filings (combined with the speed) is indicative of plaintiffs' view that the class action mechanism is best suited to litigating these (and future) data breach cases. . . .
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