The recent hacker attack at Sony and other high profile privacy and data breaches of consumers personal data are giving rise to more class action litigation. The biggest hurdle for plaintiffs in these cases may not be proving liability, but rather, showing damages.
In a closely followed case involving Hannaford Brother supermarkets, the First Circuit appellate court reinstated plaintiffs claims and found that mitigation costs due to a data breach, such as credit monitoring and new card fees, are cognizable damages absent economic loss to the consumers account or actual identity theft.
Will Hannaford pave the way for more data security breach class actions? Or will plaintiffs continue to face legal barriers in establishing their damages? Join us for a dynamic discussion of these and other issues to consider in litigating data breach class action cases.
The panel consists of class action attorneys with significant expertise on these issues. Peter Murray of Murray, Plumb & Murray in Portland, Maine is one of the attorneys responsible for the Hannaford decision in the First Circuit. Timothy Madden of Bingham McCutchen in Boston recently published an article for the Boston Bar Journal entitled, Data Breach Class Action Litigation A Tough Road for Plaintiffs.
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