McGinnis' Latest Article Published in Law360
01.27.2017
Charlotte Litigation Member Karin McGinnis was published in Law360 on February 9. The article titled, "New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.," compares the Fourth Circuit's recent decision in Beck v. McDonald and the Third Circuit's decision on Jan. 20 in In re Horizon Healthcare Services Inc. Data Breach Litigation. Both cases weigh in on the standing debate in data breach litigation.
In Beck v. McDonald, the plaintiffs in two consolidated cases sought to establish Article III standing based on the harm from embarrassment, mental distress, inconvenience, the increased risk of future identity theft and the cost of measures to protect against it after (1) a laptop containing their personal information was stolen and (2) four boxes with pathology reports went missing. In Horizon, the plaintiffs, like the plaintiffs in Beck, feared identity theft because their personal information was on two laptops stolen from Horizon, a health insurance company, but had no proof that the personal information on the laptops was used by others to their detriment.
To read the full article, click here.
In Beck v. McDonald, the plaintiffs in two consolidated cases sought to establish Article III standing based on the harm from embarrassment, mental distress, inconvenience, the increased risk of future identity theft and the cost of measures to protect against it after (1) a laptop containing their personal information was stolen and (2) four boxes with pathology reports went missing. In Horizon, the plaintiffs, like the plaintiffs in Beck, feared identity theft because their personal information was on two laptops stolen from Horizon, a health insurance company, but had no proof that the personal information on the laptops was used by others to their detriment.
To read the full article, click here.