Data Breach Litigation

In today’s cybersecurity environment, data breach incidents present complex and high-stakes challenges for legal practitioners. Data Breach Litigation delivers a practice-oriented analysis of the legal frameworks, litigation strategies and enforcement trends shaping this area of law.

The treatise begins with an overview of how breaches occur, including malware, ransomware, phishing and insider threats, providing context for the technical and operational realities underlying data compromises. It then examines standing and harm, synthesizing U.S. Supreme Court precedent and recent case law addressing how courts evaluate injury and damages in privacy and data breach claims.

The publication provides coverage of state statutory regimes and common law theories, including negligence, contract, fraud and unjust enrichment, alongside discussion of privacy statutes such as the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act. Federal law is addressed with analysis of the Computer Fraud and Abuse Act, Stored Communications Act and sector-specific regulatory frameworks such as HIPAA, FCRA and GLBA.

Chapters address class action considerations, including class definition, certification, multidistrict litigation and settlement. The treatise also reviews enforcement actions by federal agencies and state attorneys general, providing insight into related regulatory considerations.

Additional chapters address sector-specific issues across industries including healthcare, financial services, retail, employment and national security. The publication also examines international considerations, including the GDPR and China’s data protection laws, as well as emerging issues in data breach litigation.

Key Benefits
• Analysis of standing, harm and damages in data breach litigation
• Coverage of state and federal legal frameworks
• Guidance on class actions and enforcement considerations
• Industry-specific discussion for targeted client counseling

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