Privacy, Cybersecurity, and Data Breach Litigation: Key Laws and Considerations


Summary

This practice note covers key legal issues in privacy, cybersecurity, and data breach litigation. Specifically, this note includes federal and state privacy laws often involved in such litigations, recent developments concerning U.S. Const. Art. III standing, the application of privilege to forensic reports prepared in the wake of a data event, and class certification considerations. Data privacy cases require retention of experienced counsel as this area of law is continually evolving and particularly complex, as illustrated in some detail below.