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Patricia O'Connell
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Kirk Nahra Comments on Supreme Court’s Spokeo Ruling

IAPP’s The Privacy Advisor
May 18, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in The Privacy Advisor, weighing in on a recent ruling by the Supreme Court of the United States regarding data broker Spokeo, which overturned a Ninth Circuit decision. The Ninth Circuit had said the plaintiff, Thomas Robbins, had standing to sue Spokeo because the company had inaccurately published information about him that could affect his credit, insurance, or employment, thereby violating his privacy rights. However the Supreme Court said the Ninth Circuit’s analysis was “incomplete.”

Mr. Nahra said the decision is “essentially hitting the pause button on the injury element of standing,” and indicated that while it’s not a huge win for the plaintiff's bar, they’ll still pursue the issue aggressively. Mr. Nahra also noted the ruling pushes things a bit in the defense bar’s favor.

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