A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff had pleaded a “real and immediate risk” of injury despite failing to allege that any unauthorized persons had even seen or accessed that information. The Massachusetts decision adopts a more relaxed approach to standing than has generally been followed in the federal courts. The holding, however, may not have broad applicability outside of Massachusetts state court, and does not eliminate potential obstacles to proving the claims asserted. Continue Reading Massachusetts Court: Patients Have Standing to Sue for Data Breach Based on Data Exposure Alone
Rebecca Zeidel is an Associate in the firm’s Boston office. Rebecca’s practice involves a wide variety of litigation matters, including work in the areas of securities law, contract disputes, government investigations, and white collar criminal defense for clients in a range of industries including the healthcare, pharmaceutical, and energy sectors. Among her pro bono work, Rebecca has assisted in preparing amicus briefs submitted to the U.S. Supreme Court, including in a recent First Amendment speech case, McCullen v. Coakley.