Manatt’s Donna Wilson, partner and chair of the firm’s privacy and data security practice, was quoted by Law360 in an article discussing Equifax’s recent data breach.
A recent cyberattack on Equifax potentially impacted the personal data of 143 million consumers. The publication explained that the consumer credit reporting agency is already facing at least two putative class action suits. The suits fault Equifax for failing to protect consumers’ personal information and for keeping consumers in the dark about the attack for too long.
Equifax is likely to push back against assertions made in both class actions, but attorneys have noted that the richness and quantity of data compromised could cause courts to be sympathetic to plaintiffs.
“With respect to litigation, bad facts can make bad law,” explained Wilson. “Courts may take this as an opportunity to push the bounds of standing and injury requirements, class certification standards, and damages inquiries within the data breach context.”