U.S. Court of Appeals for the D.C. Circuit

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D.C. Circuit upholds standing of data breach lawsuit

August 01, 2017

The D.C. Circuit reversed the lower court’s decision and held that plaintiffs satisfied the concrete-injury requirement.

U.S. Chamber urges D.C. Circuit to affirm dismissal of data breach lawsuit

February 15, 2017

The U.S. Chamber filed an amicus brief urging the D.C. Circuit to affirm a district court’s decision dismissing a data breach lawsuit for lack of standing.

The Chamber’s brief argues that the Supreme Court’s decisions in Spokeo v. Robins(2016) and Clapper v. Amnesty International USA(2013) make clear that a no-injury lawsuit based at most on anxiety about speculative future harm cannot satisfy Article III. The brief also explains how no-injury lawsuits like this one impose unjustified costs on businesses.

Andrew J. Pincus, Archis A. Parasharami, Stephen C.N. Lilley, and Daniel E. Jones of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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