This panel will explore novel theories of injury and damages being asserted in class actions arising out of data breaches. The panel members will discuss how plaintiffs have relied on classwide injury theories such as unjust enrichment, nominal damages, risk of future harm, lost value of personal information, and lost benefit of the bargain, as well as how courts have treated claims asserting these theories thus far. The panel will also consider how these injury and damages theories are (or may become) relevant to other types of class actions outside of the data breach context.  

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