Clapper Can’t Save Adobe from Data Breach Class Action

Clapper Can’t Save Adobe from Data Breach Class Action

Since the Supreme Court held in Clapper v. Amnesty International that a possible future injury must be “certainly impending” in order to confer standing, every case that has addressed standing in data breach class actions (except for one from the Southern District of California) “has held that the mere threat of future harm is insufficient to confer standing in a data breach case.”