Matt Murphy, attorney in Edwards Wildman’s Providence office, wrote an article about how plaintiffs have now begun to turn their attention to legal theories that do not require proof of actual damages in InsideCounsel. In the article, “What’s Next in Consumer Data Breach Litigation? Emerging Theories of Liability
,” the authors analyze how claims of misrepresentations in user agreements and privacy policies are beginning to gain legal recognition, particularly where they occur at the point of sale. In addition, claims of violations of state consumer protection statutes, especially those that do not require proof of actual economic injury, have proven more resilient to early attacks on the pleadings.