News Archive
Professor Nicolas Terry Comments on Data-Breach Suits in "National Law Journal"
03/02/2015
Professor Nicolas Terry was quoted in a March 2 story in the National Law Journal on the progress of law suits in data-breach cases. The story is titled “Data-Breach Suits Make Headway.”
The story cites the hurdles customers whose financial information was compromised have faced in proving they were harmed, noting that judges are refusing to dismiss such cases out of hand.
Professor Terry points out that plaintiffs are more likely to overcome dismissal if they rely on statutory damages or if there are known sales of stolen identities.
“The moment you see some commercial black-market activity in this data, then you’d have enough to survive a motion to dismiss,” he said.
Professor Terry is the Hall Render Professor of Law and executive director of the Hall Center for Law and Health. His research interests lie primarily at the intersection of medicine, law, and information technology. His recent scholarship has dealt with health privacy, social media and health, big data, and health care fragmentation.
