Legal and Economic Analysis of “Risk of Future Economic Harm” Theories in Data Breach Litigation

This article examines one of the most contested areas of modern data breach litigation: claims based on an alleged risk of future economic harm. The authors assess both the legal foundations and the economic logic underlying theories that seek compensation for increased risks of identity theft, fraud, or other future injuries. Their analysis highlights significant challenges facing plaintiffs who attempt to transform speculative future risks into classwide damages claims, while also demonstratin