Data breach and privacy class actions arise when a cybersecurity incident affecting a large number of individuals generates class-wide claims alleging negligence, breach of contract, violation of consumer protection statutes, or failure to comply with data privacy obligations. These matters typically follow unauthorized access to databases containing personally identifiable information — including social security numbers, financial account data, medical records, or confidential client information — and may involve thousands or hundreds of thousands of putative class members.

The defense of these actions requires engagement with the full range of class action procedural issues — including contested class certification motions, challenges to Article III standing, and disputes over the methodology for calculating damages across a diverse class — while simultaneously addressing the substantive questions of whether the defendant’s data security practices met the applicable standard of care and whether the plaintiffs suffered cognizable harm. The legal landscape is complicated by the patchwork of state privacy statutes, each with distinct notification requirements, private rights of action, and damages provisions.

• Defense against class action claims arising from unauthorized access to personally identifiable information and confidential records
• Contested class certification proceedings in data breach litigation involving large putative classes
• Standing and damages challenges in data privacy class actions under evolving federal and state standards
• Defense of law firms, financial institutions, and professional services entities in privacy class actions
• Multi-jurisdictional class action defense involving competing state privacy statutes and notification requirements