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Booing Bohnak: How the Second Circuit Dropped the Article III Ball in Analyzing Standing in Class Actions Arising from Cyberattacks
Full text linkThis article examines the Second Circuit\u27s decision in Bohnak v. Marsh & McLennan Cos., which represents a pivotal development in the interpretation of Article III standing in the context of cyberattack class actions. The court\u27s principal ruling, which held that mere unauthorized access to personal information by reason of a cyberattack constitutes a concrete injury sufficient for standing, marks a significant departure from prior jurisprudence and misinterprets the Supreme Court\u27s seminal Article III decision in TransUnion LLC v. Ramirez. So does the court\u27s alternative holding that standing can be predicated on a plaintiff\u27s risk of suffering identity theft by reason of a cyberattack at some point in the future, even where no showing is made that such identity theft has already occurred or is likely to befall the plaintiff any time soon. This article explores the implications of the Bohnak decision, including its misinterpretations of TransUnion and its potential to reshape the landscape of cyberattack class-action litigation. The article identifies fundamental legal fallacies in the Second Circuit\u27s reasoning in assessing Article III standing in the cyberattack context, such as its misplaced reliance on the intangible injury doctrine and its application of a subjective substantial risk standard. If broadly adopted, these holdings would dramatically lower the threshold for Article III standing, making standing a foregone conclusion in most if not all cyberattack class actions. By exposing the flaws in the Bohnak decision, this article aims to provide litigants and courts with a roadmap to counter its jurisprudential impact and preserve the integrity of Article III standing requirements in cyberattack class actions
Appeal No.1050: Big M. Petroleum Corporation v. Division of Oil & Gas Resources Management
No full textAppeal of Chief\u27s Orders 2015-250, 2025-251, 2025-252, and 2025-25
Appeal No.1051: Big M. Petroleum Corporation v. Division of Oil & Gas Resources Management
No full textAppeal of Chief\u27s Orders 2015-250, 2025-251, 2025-252, and 2025-25
Protecting Human Rights
Full text linkA panel discussion on protecting human rights through economic sanctions and supply chain due diligence
The State of Reproductive Rights after Dobbs
No full textJessie Hill will describe the state of the law with respect to reproductive rights, reproductive health privacy and related issues across the United States. She will highlight some of the key legal issues that have arisen since the Supreme Court ended the federal constitutional right to abortion and discuss the changes that may be coming with a new Presidential administration
Can Free Enterprise Solve Climate Change?
No full textClimate change is a threat to America’s environment, national security, economy, agriculture and people. The world must come together quickly to enact durable, economy-wide solutions to climate change. It’s important to get this right before big government gets it wrong. There are three ways to fix climate change: regulate emissions, incentivize new technology or price the negative effects of burning fossil fuels. Which is the best way
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