Polsinelli recently secured complete dismissal of a putative data breach class action filed against our client, Forum Communications Company, in North Dakota.

The lawsuit arose from a January 2025 cybersecurity incident and asserted claims tied to alleged harms including invasion of privacy, diminished value of personal information, lost time and opportunity costs and increased risk of fraud and identity theft.

The court granted Forum’s motion to dismiss, holding that plaintiffs failed to allege an actual or threatened injury sufficient to establish standing under North Dakota law and failed to state a claim for relief. In a 19-page opinion, the court provided detailed analysis and favorably resolved a previously unaddressed question under North Dakota law regarding standing in putative data breach class actions.

The Polsinelli team was led by Shareholder Starr Turner Drum and included Associates Tyler G.D. Anders and Mary K. Longenbaker.