Frances Floriano Goins, Co-Chair of Ulmer’s Data Privacy and Information Security Practice Group, contributed her legal perspective to an article published in WESTLAW Data Privacy – Practitioner Insights. The article spotlights the recent 8th Circuit decision in Kuhns v. Scottrade Inc., a case that explored the level of harm plaintiffs are required to allege in a data breach case.
Frances Floriano Goins, a partner at Ulmer & Berne who has been watching the case, said the decision may provide a blueprint for future plaintiffs to survive a dismissal motion if they allege similar breach-of contract claims about failures to follow specific data security standards.
“For instance, if Kuhns had alleged and could support a contractual duty on Scottrade’s part to follow specific [Securities and Exchange Commission] or [Federal Trade Commission] rules and guidance on data security and had alleged Scottrade failed to comply with those standards, the complaint might have survived,” she said.
For the full article, please click here.