By Robert Kriss and Jerel Dawson, Mayer Brown LLP ( May 16, 2017, 12:22 PM EDT) -- Recently, the Eighth Circuit vacated an order approving a settlement in a data breach class action and remanded the case to the district court with instructions to address whether the interests of absent class members whose personal information had not been misused were adequately considered in approving the settlement. In re: Target Corporation Customer Data Security Breach Litigation, 847 F.3d 608 (8th Cir. 2017). The court of appeals asked the district court to consider whether an intraclass conflict existed between class members whose personal information had been misused and those whose information had not been misused as of the date of the settlement, and whether the conflict required certification of one or more subclasses with independent representation, or could be adequately addressed in some other fashion....