NOTE FROM THE EDITORS In recent years, the financial implications of class action settlements related to data breaches have been escalating. This trend was particularly noticeable in 2023, with several high-profile cases resulting in substantial settlement amounts. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement amounts. Furthermore, the nature of the data being compromised is becoming more sensitive - including financial and health information - which increases the potential damages awarded in these cases. Moreover, courts are becoming more sympathetic to plaintiffs’ positions and arguments in data breach cases. They are recognizing the potential harm caused by such breaches, even when the harm is not immediately apparent. This apparent shift in judicial attitudes is likewise contributing to larger settlements. Legal fees associated with these cases are also on the rise. As data breach litigation becomes more complex and requires specialized knowledge, legal teams are investing more resources into these cases, which serve to drive up costs. In sum, data breach class action litigation continues to grow into a high-stakes arena. The playbook of the plaintiffs’ class action bar in data breach cases continues to press the legal envelope on how courts are willing to interpret injuries stemming from data breaches and methods for calculating damages. And while a data breach can be perpetrated in any number of ways, the legal issues that arise from the theft or loss of data largely fall within the same set of legal paradigms. In this respect, we hope this book will provide our clients with an analysis of trends and significant rulings that enable them to make informed decisions in dealing with complex litigation risks. Defense of data breach class actions is a hallmark of the litigation practice at Duane Morris. We hope this book – manifesting the collective experience and expertise of our class action defense group – will assist our clients by identifying developing trends in the case law and offering practical approaches in dealing with class action litigation.
Sincerely,
Gerald L. Maatman, Jr.
Jennifer A. Riley
General Editor February 22, 2024
General Editor February 22, 2024
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© Duane Morris LLP 2024
Duane Morris Data Breach Class Action Review – 2024
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