6th Circuit Finds Breach Victims’ Heightened Risk of Harm Establishes Standing

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The Sixth Circuit has made it easier for victims of a data breach to proceed in court. In a case involving alleged victims of a data breach at Nationwide Mutual Insurance Company, the appellate court ruled that fear of future harm following a data breach is sufficient to establish Article III standing.

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Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a Result

This Commentary will consider how proposed section 13 and associated provisions of the proposed Restatement might influence the decision by insurers to defend their insureds, particularly in instances of so-called “legal uncertainty.”

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