Craig Hoffman writes:
There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed to identify any cognizable harm sufficient to achieve Article III standing or to demonstrate actual damages. A few decisions, however, show an evolution in the theories of harm alleged by plaintiffs that are getting plaintiffs closer to advancing past the initial pleading stage. Plaintiffs also continued to rely on statutory claims to obtain standing and recover statutory damages, both in cases involving data breaches and social media.
Read more on Baker Hostetler Data Privacy Monitor. In addition to recapping 2011 cases, Craig identifies a few cases to watch in 2012.