A magistrate judge in the Western District of New York recently recommended dismissing the putative class action Tassmer et al v. Professional Business Systems, concluding that any risk of identity theft or other injury was too “speculative” to show standing.  The recommendation is in line with numerous other federal circuit and district courts similarly requiring plaintiffs in data breach cases to show concrete harm, not merely a risk of future harm.  This recommendation, if adopted, will be another helpful precedent for companies facing class action lawsuits as a result of a data breach or cyber hack.

Continue Reading No Harm, No Foul: New York Federal Court Recommends Dismissing Sensitive Data Breach Class Action for Lack of Standing

The Second Circuit recently reaffirmed the potential benefits of front-loading merits arguments as a strategy to defeat class actions. Kaye v. Merck & Co., 852 F. App’x 569 (2d Cir. 2021), affirmed a district court’s order granting summary judgment for the defendant in an action under the Telephone Consumer Protection Act where the fax