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OPM Data Breach Reversal Deepens Circuit Split, and Could Widen Government Exposure

June 27, 2019, Legaltech News

Alex Berengaut spoke with Legaltech News about a U.S. Court of Appeals for the D.C. Circuit’s decision to allow plaintiffs to sue for risk of harm, as opposed to actual harm after a data breach. According to Mr. Berengaut, while the U.S. Office of Personnel Management decision doesn’t change the nature of the split, the case may “pique the Supreme Court’s interest” because it concerns a high-profile case of the government’s obligations.

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