A recent California Supreme Court decision raises the stakes for companies facing data breaches. In J.M. v. Illuminate Education Inc., the Court issued a mixed ruling, finding that an education technology company that incidentally stores health-related data cannot be held liable as a “provider of health care” under the California Medical Information Act. But in its ruling, the Court also adopted a more plaintiff-friendly standard for data breach liability writ large, allowing individuals to bring claims simply by alleging a significant risk of unauthorized access to their data—even if their data was never actually accessed or misused. Given this relaxed pleading standard, the Court’s ruling will likely result in an uptick in data breach litigation, while underscoring the importance of preventative measures and timely mitigation by companies that collect or maintain consumer data.
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Naomi May advises companies and organizations that deliver educational products and services at all stages of learning, from early childhood education to workforce development. Innovators, investors and operators in the space – whether early-stage edtech founders or established university leaders – rely on her for practical, business-minded counsel to help them navigate a complex regulatory environment.
Matt Nguyen represents innovative clients in high-stakes disputes – with a focus on complex trial and appellate litigation, government investigations, and impact pro bono centering on civil rights, racial justice and the rule of law.
Vanessa Agudelo practices education law with an emphasis on helping postsecondary institutions, K-12 schools and education-related companies navigate complex regulatory challenges.
Rebecca Kahn represents and advises clients in a range of regulatory counseling, litigation and investigative matters, including technology regulatory counseling, trade secrets disputes and government investigations.
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