Data Breach Cases Find More Sympathetic Ear in CA Judges

October 20, 2014

​Fenwick & West litigation partner Tyler Newby was featured in a front-page Daily Journal story regarding some California district courts being more sympathetic to granting consumers standing in cases where businesses suffered data breaches and hacker attacks.

Unlike a majority of district courts elsewhere in the U.S., two California federal district court judges, U.S. District Judge Anthony J. Battaglia in San Diego and U.S. District Judge Lucy H. Koh in San Jose, have issued rulings that plaintiffs may proceed with lawsuits in which they claim damages due to their personal information being compromised.

Newby told the Journal, "The advice I give clients generally is, in the Ninth Circuit, if you were hacked and you had credit card information stolen or personal identifying information stolen by criminal hackers, it's going to be an uphill battle getting a claim thrown out on standing grounds alone."