LabatonSucharow filed a class action on behalf of about 21.5 million federal employees, contractors and job applicants whose personal information was exposed in an epic breach of security at the U.S. Office of Personnel Management, which screens applicants for federal government jobs and conducts security clearance on employees and contractors. Labaton’s complaint is at least the seventh class action against OPM and its private contractor, KeyPoint Government Solutions, including two suits by government employee unions and one with a federal administrative law judge as the lead plaintiff. Although there is some variation in the alleged causes of action, the suits mostly assert violations of the Privacy Act and the Administrative Procedures Act, as well as negligence against KeyPoint. It’s going to be very interesting to see which court plaintiffs ask the JPML to send the OPM litigation to.

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