“Cognizable damage” required for data breach claims, MA appeals court says in a first

Christopher R. Deubert of Constangy, Brooks, Smith & Prophete, LLP writes: Helpful guidance for businesses, and for Massachusetts state courts. In 2021, the U.S. Supreme Court held in TransUnion, LLC v. Ramirez that in a suit for damages, “the mere risk of future harm, without more, cannot qualify as a concrete harm” sufficient to establish standing under Article…