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Employment Privacy Blog

News, commentary, and legal updates from attorneys in the Data Security and Workplace Privacy Practice Group at Fisher Phillips.

Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases.  In Attias v. CareFirst, Inc., Case No. 16-7108, the Court concluded that the plaintiffs’ heightened risk of future identity theft was sufficient to show standing at the pleading stage.  With CareFirst, the D.C. Circuit becomes the second U.S. Court of Appeals to reach this conclusion.  The Seventh Circuit, in Remijas v. Neiman Marcus Grp., 794 F.3d 688 (7th Cir. 2015), was the first. 

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