by Kirk Nahra, Molly Jennings, Ali Jessani, and Rachel Greene

Left to Right: Kirk Nahra, Molly Jennings, Ali Jessani and Rachel Greene. (Photos courtesy of WilmerHale)
One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years.
In the past year, plaintiffs continued to seek relief following data breaches under state common-law doctrines, and the Alabama Supreme Court joined the other state courts of last resort who have addressed data-breach litigation in published decisions. Federal data breach plaintiffs contended with standing issues in the wake of the Supreme Court’s decision in TransUnion LLC v. Ramirez, and an apparent circuit split between the Tenth and Eleventh Circuits deepened when the Third Circuit weighed in. The District of New Jersey also provided further guidance to companies on the scope of the attorney-client privilege when responding to data breaches. This post examines these trends.