The case law surrounding data breach litigation is quickly evolving. A recent decision by the U.S. Court of Appeals for the Third Circuit has potentially expanded the circumstances under which consumers may pursue class actions against companies that are the victims of data breaches. In In re: Horizon Healthcare Services Inc. Data Breach Litigation, the Third Circuit ruled that the failure to maintain the confidentiality of personal information protected by federal privacy law creates a de facto injury sufficient to confer standing, even absent an allegation that the data theft caused the plaintiffs economic harm. This ruling follows a number of recent rulings in the Third Circuit allowing class actions focused on online privacy rights to proceed.

The recent trend outside the Third Circuit, however, is mixed, as other federal courts have ruled in differing ways on what type of injury victims of data breaches must allege to satisfy Article III standing.

In this webinar, we will analyze recent developments in data breach litigation and discuss emerging theories of liability that may exist for consumers alleging injuries arising out of data breaches and, more generally, the handling of their sensitive data.

Date & TIme

Wednesday, March 1, 2017
12:00 PM - 1:00 PM ET


Edward J. McAndrew, Co-Practice Leader
Privacy and Data Security

Philip N. Yannella, Co-Practice Leader
Privacy and Data Security

David M. Stauss, Partner
Privacy and Data Security

Gregory Szewczyk
Privacy and Data Security

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa M. Prickril at