On May 2, 2017, the United States Court of Appeals for the Second Circuit issued a summary order affirming dismissal of a putative data breach class action against Michaels Stores, Inc. (“Michaels”). The plaintiff’s injury theories were as follows: (1) the plaintiff’s credit card information was stolen and twice used to attempt fraudulent purchases; (2) the risk of future identity fraud and (3) lost time and money resolving the attempted fraudulent charges and monitoring credit. The plaintiff, however, quickly cancelled her card after learning of the unauthorized charges and did not allege that she was held responsible for any of those charges. Continue Reading Second Circuit Affirms Dismissal of Putative Data Breach Class Action for Lack of Article III Standing
This post has been updated.
On July 14, 2016, the U.S. Court of Appeals for the Second Circuit held that Microsoft Corporation (“Microsoft”) cannot be compelled to turn over customer emails stored abroad to U.S. law enforcement authorities. Continue Reading Second Circuit Holds Microsoft Cannot Be Compelled to Turn Over Emails Stored Abroad