Boies Schiller Flexner partner James Lee was quoted in an article by The Wall Street Journal examining the growing difficulty data-breach victims face in pursuing lawsuits, as courts increasingly require proof of tangible harm and a direct link to a specific breach, leading to more case dismissals.
James said judges want to see out-of-pocket expenses or actual losses from identity theft or fraud. “They are less inclined to find an injury-in-fact for emotional distress or a potential future harm,” he said.