Amy C. Purcell was quoted in the Law360 article, "LinkedIn Ruling Boosts Prospects for Data Breach Plaintiffs." Full text can be found in the April 15, 2014, issue, but a synopsis is noted below.
A California federal judge recently rejected LinkedIn Corp.'s motion to dismiss a putative class action over a 2012 data breach based on allegations that the site made security misrepresentations in its privacy policy.
The decision by the judge to allow the case to proceed by declining to treat privacy policy misrepresentations differently from misleading labels marked a rare victory for the plaintiffs' bar.
"Although in the past, plaintiffs in data breach cases may have struggled to meet Article III standing requirements, this case is yet another example of where these plaintiffs appear to be gaining ground," Amy Purcell said. "By permitting the analogy between a company's privacy policy and a product's labeling or advertising, the court has provided these already creative plaintiffs with a new and additional argument to use to overcome the standing hurdle."
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