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Ninth Circuit concludes threat of future harm is sufficient for Article III standing, joins Sixth, Seventh and DC Circuits

Overview

For years, district courts in the Ninth Circuit have grappled with the question of whether the threat of future harm arising out of a data breach is still sufficient for purposes of Article III standing following the Supreme Court's decision in Clapper v. Amnesty Int'l USA, 133 S.Ct. 1138 (2013). Earlier this month, a three-judge panel in the Ninth Circuit has determined that this remains good law.

 

This case study examines the Ninth Circuit's holding.