Advertisement No Manufactured Standing: New York State Court Confirms That Fears of Hypothetical Future Harm are Insufficient to Meet Injury-In-Fact Tuesday, April 6, 2021 A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent harm. In evaluating whether an alleged harm arising from a data breach is actual or imminent, New York courts apply a five-factor balancing test. Under this test, even if a plaintiff’s personal information is exfiltrated during a hack, mere speculation about the prospect of future harm is insufficient to confer standing.