Jennifer L. Rathburn quoted in article “Michaels Breach Lawsuits Dismissed”BankInfoSecurity 07/25/14
Following is an excerpt:
In her ruling, Bucklo found that the plaintiffs did face elevated risk because of the Michaels breach. But she dismissed the case because the plaintiffs failed to prove, as is required under Illinois' laws of breach of contract and consumer fraud, that they suffered actual monetary damages.
Variations in state laws regarding breach notification and recovery hinder most class-action cases, says Jennifer Rathburn, a cybersecurity attorney and partner at Milwaukee law firm Quarles & Brady LLP.
"They've really all kind of fallen flat or settled," Rathburn says. "It's hard, because we don't know how all of the courts are going to deal with these types of cases. What's interesting is how consumers are bringing the class action claims and what the state law says you need to prove, because it varies from state-to-sta