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Not so fast on data breach liability
Would-be experts are portraying a federal appeals court ruling in the Neiman Marcus data breach case as a tipping point toward victims of cyber fraud, one that may lead to a wave of successful class-action lawsuits filed against retail chains.
This interpretation is premature.
It is an overreach rooted in a lack of appreciation for the overall procedural context in which the court reviewed the case, without accounting for the most important part of any class action lawsuit – class certification.

