Document Type

Article

Publication Date

2025

Abstract

Since the early 2000s, U.S. courts have begun hearing “data breach” liability cases, the inevitable result of a growing internet-connected technology infrastructure. The relatively recent development of case law signals a body of law in development, stunted by significant limiting factors that prevent the coalescence of legal principles. To date, no holistic empirical exploration of data breach cases has offered sufficient detail to explore these factors. This descriptive empirical study analyzes, in detail, 225 data breach cases from 2005–2022, reviewing these cases over an extended period to descriptively identify key trends and changes within a bona fide data breach case’s life on the docket. This study tests common perceptions of data breach litigation, including Article III standing challenges that have presented a nearly insurmountable obstacle to data breach litigation. This study also identifies the type of plaintiff, settlement amounts, type and disposition of information compromised, claims, common motions, and key strategies most likely to result in a favorable plaintiff outcome, including key impediments. These results will provide crucial information for litigating parties, their counsel, judges, and policymakers.

Download

Share

COinS