IN RE U.S. OFFICE OF PERSONNEL MANAGEMENT DATA

No. 17-5217, Consolidated with 17-5232.

928 F.3d 42 (2019)

IN RE: U.S. OFFICE OF PERSONNEL MANAGEMENT DATA SECURITY BREACH LITIGATION, American Federation of Government Employees, AFL-CIO, et al., Appellees National Treasury Employees Union, et al., Appellants v. Office of Personnel Management, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2019.


Attorney(s) appearing for the Case

Peter A. Patterson , Washington, DC, argued the cause for Arnold Plaintiffs-Appellants in No. 17-5232. With him on the briefs were David H. Thompson , Washington, DC, Daniel C. Girard , Jordan Elias , Tina Wolfson , San Francisco, CA, Los Angeles, CA, Gary E. Mason , Washington, DC, and Richard B. Rosenthal .

Paras N. Shah , Washington, DC, argued the cause for appellants National Treasury Employees Union, et al. in No. 17-5217. With him on the briefs were Gregory O'Duden , Larry J. Adkins , and Allison C. Giles , Washington, DC.

Marc Rotenberg and Alan Butler , Washington, DC, were on the brief for amici curiae Electronic Privacy Information Center (EPIC) and Forty-Four Legal Scholars and Technical Experts in support of appellants.

Sonia M. Carson , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief was Mark B. Stern , Washington, DC.

Jason J. Mendro , Washington, DC, argued the cause for appellee KeyPoint Government Solutions, Inc. With him on the brief were F. Joseph Warin , Matthew S. Rozen , and Jeremy M. Christiansen , Washington, DC.

Alan Charles Raul , Kwaku A. Akowuah , Daniel J. Hay , and Steven P. Lehotsky , Washington, DC, were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of appellees.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge Williams.


In 2014, cyberattackers breached multiple U.S. Office of Personnel Management ("OPM") databases and allegedly stole the sensitive personal information—including birth dates, Social Security numbers, addresses, and even fingerprint records—of a staggering number of past, present, and prospective government workers. All told, the...

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