The plaintiffs' class action bar is exceedingly innovative and in constant pursuit of "the next big then" insofar as potential liability is concerned for acts and omissions of Corporate America.
Seeing where the limitations are? the largest barrier in these data breaches so far has been what we call standing. in other words, the mere fact that your data is out there, have you suffered an actual harm sufficient enough to allow you to file a lawsuit in court? in other words, has something bad actually happened to you yet? or are you merely facing the threat of your data being throughout? now we are certainly in new ground because it s not so much the data but the fact that you were on the web site in the first place that is causing this harm. earlier this year, the seventh circuit court of appeals struck a massive blow for plaintiff s attorneys in the class action context by saying that people whose data is put out there, data that is breached, that t fact that they may suffer a potential injury by having that information out there is sufficient to allow a class action to move forward. and i have to tell you, in the world of data breaches and plaintiffs attorneys this is