From: Lawfare
By Merritt Baer, Chinmayi Sharma
Those affected by data breaches now have increasing opportunities to take their claims to court. Last month, in northern California’s federal district court, Judge Lucy Koh upheld the right of victims to sue Yahoo for massive breaches between 2013 and 2016. Victims of the Equifax hack, which impacted millions more than initially reported, are filing dozens of lawsuits. And in another ruling last month, Koh upheld a class of health insurance company Anthem’s data breach victims right to sue for a recently revealed second breach—shortly after Anthem was ordered to pay $115 million to victims and credit-monitors after the first incident.
We’ve previously described the role of theories of harm to victims, and the duty of care for companies, as courts iron out standards in data breach litigation.
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