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Kirk Nahra Discusses Appellate Court’s Upholding of Dismissal of Data Breach Suit

HealthcareInfoSecurity
August 21, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted extensively in a HealthcareInfoSecurity article published August 19 about a recent appellate court ruling that upheld the dismissal of two data breach suits against Advocate Health and Hospitals Corp.

According to the article, an Illinois appellate court affirmed the dismissal of two data breach suits in part because the plaintiffs’ allegation of harm were “merely speculative.”

“This decision is consistent with the overwhelming majority of decisions related to security breaches,” Mr. Nahra said. “The idea is that in order to move a case forward, the individuals whose information was involved in the breach must be able to allege some kind of specific harm. There have been dozens, maybe hundreds of cases across the country holding that the mere potential of something in the future is not sufficient to allege the injury that is required to bring a case. Class action attorneys continue to bring these cases, trying to make cracks in this litigation brick wall.”

To read the full article, please click here.