Plaintiffs Must Show Harm as Courts Take Tougher Line on Data-Breach Suits, John Carlin Tells WSJ

Cybersecurity & Data Protection Practice Group Chair John Carlin spoke with The Wall Street Journal about a recent spate of data-breach lawsuits that has led courts to set a higher bar for plaintiffs to prove their claims. In the article, “‘No Harm, No Foul:’ Courts Take Tougher Line on Data-Breach Suits,” published on September 26, John says that judges requiring plaintiffs to show that they suffered “tangible harm” from a leak of personal data or trace any damages to a particular breach sends a “clear” message.

“Having personal information exposed in a data breach—which has happened to everyone—is not enough to sue,” he says.

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