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Kirk Nahra Discusses One of the Top Privacy Cases to Watch in 2016

Law360
January 6, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a December 24 Law360 article discussing the top privacy and data security cases industry professionals should pay attention to in 2016, ranging from matters before the Supreme Court of the United States regarding class action litigation to cases before lower courts regarding challenges to data security claims brought by the Federal Trade Commission (FTC).

Mr. Nahra discussed one of the cases argued before the high court justices on Nov. 2, Spokeo v. Robins which is expected to be decided by mid-year 2016. According to the article, the case addresses the question of whether consumers can sue companies for technical violations of the Fair Credit Reporting Act, without alleging an actual injury.

“The Spokeo decision may impact the overall injury standard for consumer class actions, which has been built through a strong wall of precedent holding that consumers need to assert an actual harm before a case can proceed,” Mr. Nahra said. “If this standard changes in any material way, it could open the floodgates for new privacy and security breach litigation,” he added.

To read the complete article, please click here.