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Patricia O'Connell
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Kirk Nahra Discusses Dismissal of Data Breach Class Action Because of Failure to State a Claim

Bloomberg BNA
July 21, 2014

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice, was quoted in an article published July 17 in Bloomberg BNA’s Class Action Litigation Report and Privacy and Security Law Report about the dismissal of a class action lawsuit filed after a data breach at Michaels Stores, Inc.  “The Michaels decision is consistent with virtually all holdings on stating a claim in data breach cases, but the courts continue to leave slight openings that will continue to encourage class action counsel to bring cases in this area,” Mr. Nahra said.  “The wall requiring real damage is strong, but may only take one strong wind to knock it down.”

The full article can be read here.