On its surface, the explosion of interest in data breach and privacy litigation promises a cutting-edge new field, with innovative legal issues and challenges that evolve almost as rapidly as the technologies on which the cases are based. Yet like those technologies, the issues data breach lawyers face are built on what came before and serve as a reminder of Judge Posner’s adage, “law lags science; it does not lead it.” Rosen v. Ciba-Geigy Corp., 78 F.3d 316, 319 (7th Cir. 1996).

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