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The federal Ninth Circuit recently ruled that current and former employees whose names, addresses and Social Security Numbers were stored on a laptop which was stolen from their employer, have standing to bring suit against the employer based only on their concern over increased risk of future identity theft, even though no such identity theft had yet arisen.  The court holds that if a plaintiff faces “a credible threat of harm”, which is “both real and immediate, not conjectural or hypothetical”, the plaintiff has met the injury-in-fact requirement for standing.  Accordingly, they have the right to go to court and have their claims heard, although they must still prove that defendants violated some legal duty, causing compensable harm or damage, in order to prevail on their claims.  (Krottner v. Starbucks Corp., 9th Cir. No. 09-35823)

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