Law360 Quotes Saikali on Assessing Data Breach Litigation After Spokeo

After the Ninth Circuit ruled in favor of a plaintiff who argued that a data collection claim should return to state court because she lacked standing to pursue her action in federal court, Law360 reported that hers was a strategy that "many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling."

In "Ikea Ruling Puts Stamp on Novel Post-Spokeo Strategy," Al Saikali, Co-Chair of Shook's Data Security and Privacy Group, told Law360 that "Spokeo was always more about where certain types of privacy cases should be litigated than whether the can be litigated." 

"The 'bad cases' — where there were only allegations of a statutory violation but no actual harm — should be in state court, while the cases where measurable harm was involved remain in federal court," Saikali said. "This is an example of that."