Between 2022 and 2024, data breach-related class actions in the United States surged by over 146%, with the top 10 settlements in 2024 averaging 15% higher than in 2023. As organizations grapple with increasingly aggressive litigation stemming from cybersecurity incidents, class action lawsuits have become a major risk vector—one that now rivals the breach itself in terms of financial, operational, and reputational impact, underscoring the importance of both proactive cybersecurity posture and a strong defensive strategy in litigation. Whether it’s demonstrating reasonable security practices or disputing claims of harm resulting from cybersecurity incidents, the involvement of technical experts has become critical.
At Cybereason, we offer a full suite of expert services to support defendants in class action litigation, including:
Data Breach Class Action Trends: What’s New?
The legal environment around data breaches is evolving rapidly. Plaintiff attorneys are becoming more sophisticated, and courts are increasingly open to novel arguments about harm, standing, and damages—even in cases where the misuse of data is speculative or limited.
According to Duane Morris LLP’s 2025 Data Breach Class Action Review, data breach lawsuits have grown not only in number but also in complexity and risk:
"Data breach class action litigation continues to grow into a high-stakes arena,” says Maatman, “and the playbook of the plaintiffs’ class action bar in data breach cases continues to press the legal envelope on how courts are willing to interpret injuries stemming from data breaches and methods for calculating damages."
From biometric data to marketing pixels, the scope of what constitutes “personal data” continues to expand. Class certification is being granted more frequently, and multimillion-dollar settlements are becoming common even in the absence of causal and clear-cut harm.
Expert Witness and Testimony: A Critical Line of Defense
At the heart of many data breach lawsuits lies a pivotal question: Did the defendant take reasonable steps to protect the data? To answer that, courts rely heavily on expert witnesses—cybersecurity professionals who can dissect cybersecurity topics, assess claims of negligence, and communicate complex technical issues in a courtroom-friendly way.
Cybereason’s expert witnesses:
- Evaluate security posture before and after the breach
- Assess evidence and reconstruct incident to evaluate soundness of forensic findings
- Benchmark defenses against standards like NIST, ISO 27001, and CIS
- Opine on reasonableness of response, forensic findings, and processes
- Explain incident response, detection, and prevention in plain terms for judges and juries
- Assess cyber risk governance and board-level oversight
Our experts include former CISOs, federal law enforcement agents, and incident response leaders who have investigated thousands of cybersecurity events worldwide and hundreds of hours of experience providing sworn expert testimony and under cross-examination. They provide support throughout the class certification, summary judgment, and trial stages, giving defendants a credible voice in countering claims of negligence.
Whether the case hinges on technical missteps or broader questions of corporate governance, Cybereason provides the clarity and credibility that courts demand.
Threat Intelligence and Dark Web Analysis: Showing the Bigger Picture
Another major front in class action defense is the question of harm. Plaintiffs often claim that their data was compromised and that they now face a risk of identity theft, financial loss, or reputational harm. But how can that be proven—or disproven?
Cybereason’s threat intelligence and dark web analysis team plays a vital role here by:
- Determining if stolen data was already present on the dark web from a prior breach
- Confirming whether the data has been sold, posted, or misused
- Analyzing whether the type of data (e.g., hashed credentials, PII, internal documents) is of actual value to cybercriminals
- Tracking historical behavior of threat actors, including extortion patterns, shaming site posts, and data dumping timelines
- Reconstructing attack timelines, correlating when data was exfiltrated with when (if ever) it appeared on illicit forums
By separating potential risk from actual misuse, our experts can help reduce or eliminate claims of harm. This kind of analysis is especially valuable in motions to dismiss or in opposing class certification, where standing and injury are contested.
Pixel Tracking Privacy Assessment: The New Legal Frontier
Beyond traditional data breaches, there's a growing wave of litigation around pixel tracking and third-party data sharing. Tools from META, Google, and other ad platforms have been found on hospital portals, financial services websites, and other sensitive properties—raising legal concerns under HIPAA, CCPA, and state privacy laws.
Cybereason offers pixel tracking privacy assessments to help organizations:
- Identify where tracking pixels and scripts are embedded
- Understand what data is being captured and shared with third parties
- Evaluate whether the usage of such tools aligns with privacy policies and compliance obligations
- Assess the risk of unauthorized data disclosure to ad tech vendors
These assessments are not just about risk mitigation—they're increasingly relevant in class actions alleging “unauthorized disclosures” to third parties via web tracking, even in the absence of a malicious breach.
A Trusted Partner in Class Action Defense
As the number and complexity of data breach class actions continue to rise, organizations need more than legal counsel—they need proven cybersecurity consulting and testifying experts who understand both the technical and strategic dimensions of breach response and litigation.
“Effective class action defense hinges on more than just cybersecurity knowledge—it requires the disciplined application of digital forensic science. Our role is to verify the evidence, reconstruct what truly happened, and communicate those findings in a clear, defensible manner that judges and juries can understand. At Cybereason, we bridge the gap between technical truth and legal strategy.”
– Devon Ackerman, Global Head of DFIR at Cybereason and former Supervisory Special Agent for the Federal Bureau of Investigation (FBI)
At Cybereason, we’ve helped Fortune 100 companies, healthcare systems, financial institutions, SaaS providers, and beyond defend against litigation challenges. Our experts are on call 24x7 to:
- Provide expert witness consulting and testimony services
- Analyze dark web threats and data exposure
- Assess privacy risks from digital tracking
- Work alongside legal counsel to digest technical analysis and convey in lay terms
Whether you're responding to a breach, preparing for litigation, or proactively strengthening your posture, Cybereason is ready to support.
Contact our experts anytime at response@cybereason.com
