NYLJ “When Uncertainty Is Enough: Circuit Examines Claims for ‘Future Injury’ From Data Breaches”
By Steve Kramarsky & Jack Millson
In this edition of their Intellectual Property column, Steve Kramarsky and Jack Millson explore a recent Second Circuit case that addressed an “issue of first impression” and explained what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable “future injury” as a result of the unauthorized disclosure of their personal information.
This article first appeared in the New York Law Journal on May 17, 2021. Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, focuses on complex commercial and intellectual property litigation. Jack Millson is an associate at the firm.