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Kirk Nahra Discusses Outlook for Privacy Litigation in 2017

Kirk J. Nahra, chair of Wiley Rein’s Privacy & Cybersecurity Practice and co-chair of the Health Care Practice, was quoted in a January 2 Law360 article regarding the key cases that could shift the landscape of privacy litigation in 2017. According to the article, privacy experts are particularly interested in the role that the Federal Trade Commission will play in regulating data breaches, and the bar that courts will set for plaintiffs to establish injury in the theft of sensitive data.

“On privacy litigation generally, we should be watching whether class action cases continue to grow, and become a replacement of sorts for the possibility of less government enforcement” under the incoming Administration, said Mr. Nahra.

“The brick wall of defense wins in class action cases involving breaches is still pretty strong, but there are increasing cracks in the wall,” Mr. Nahra added. “At some point, the wall may collapse.”

To read the full article, please click here.