WSHB is proud to announce yet another data breach class action dismissal by its Cyber Team, this time in the U.S. District Court for Arizona. Senior counsel John Darminio and partner Christopher Heo successfully obtained the dismissal of a data breach class action involving over 150,000 class members. Plaintiffs sought in excess of $5 million in damages from the client, even though it was the victim of a debilitating ransomware attack carried out by a criminal gang.

This is another in a long line of victories for the WSHB Cyber Team, as they continue to successfully defend clients around the country who face claims after cyberattacks. This victory holds profound significance as class actions and mass arbitrations related to data breaches continue to surge in both frequency and intensity, fueling astronomical demands. Despite plaintiffs filing an amended complaint in response to the first motion, WSHB's Cyber Team remained undeterred and continued to challenge the legal basis of the claims.

Chris Seusing, leader of the firm's national Cybersecurity & Data Privacy team, applauded the team's success, stating, "We are thrilled with the court's decision to dismiss the Complaint. While the plaintiffs continue to try and salvage their claims, the Court's favorable legal analysis bodes well for our client, and for other clients facing data breach class actions in this jurisdiction and other federal courts across the country."

Key Findings from the Court Order

  • The court assessed the plaintiffs' claims and concluded that they failed to demonstrate sufficient injuries to confer standing on the proposed class, ultimately leading to its dismissal.
  • The court further held that plaintiffs had failed to present plausible facts to substantiate their negligence, unjust enrichment, and violation of the Arizona Consumer Fraud Act (ACFA) claims, resulting in the dismissal of each claim.

This hard-fought dismissal of a data breach class action serves as a testament to WSHB's unparalleled expertise in the field of cyber litigation defense. The WSHB Cyber Team continues to achieve success for its clients in jurisdictions around the country, while simultaneously making favorable law in this complex and rapidly evolving area of the law.

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