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Emory Corp. Governance & Accountability Rev. Perspectives

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In response to a slew of client alerts from data privacy and security firms regarding the Third Circuit Court of Appeals' recent In re Horizon Healthcare Services Inc. Data Breach Litigation ruling, Adrian Szycowski examines the Third Circuit's ruling in an effort to predict its effect on U.S. businesses as well as raise related issues to the future viability of the ruling. The ruling opened courtrooms to those data breach plaintiffs that previously were barred entry due to their inability to plead a concrete tangible injury. After a brief background of the underlying case, Szycowski details the Third Circuit's reasoning for its holding and highlights real-world factors that make this ruling relevant. Szycowski also discusses several issues with the Third Circuit's ruling, which expose the ruling to be ignored or overturned. Ultimately, Szycowski finds that the Third Circuit's In re Horizon Healthcare Services Inc. Data Breach Litigation ruling will be short-lived.

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