Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)
Key Insight: Reconsideration of ruling that plaintiffs lacked standing. Expert affidavit shows substantial risk of identity theft and sale of PII and PHI on the dark web, establishing injury-in-fact.
Nature of Case: Class action arising out of a data breach and alleging identity theft.
Electronic Data Involved: Dark web evidence
Keywords: PII and PHI, dark web, identity theft, Joe Church, Digital Shield, X1 Social Discovery