ANALYSIS: Common-Law Path for Data Breach Claims Remains Uneven

This year was an active one for plaintiffs pursuing relief in data breach lawsuits as cybersecurity incidents became an even more regular occurrence.

However, 2022 did not see the US Supreme Court revisit what has developed into a complicated landscape for federal data breach lawsuits following its landmark TransUnion decision in 2021. And in the absence of further clarity regarding the issue of what qualifies as a concrete injury that may be redressed by the federal courts, private litigants in data breach suits will continue to pursue creative theories using traditional common-law claims.

Recent court decisions, however, have indicated that ...