When there is a large-scale cyberattack on corporations, millions or more individuals could potentially have their private information, including social security numbers and health records, exposed and made available to the public. However, it would be impossible for all the individuals to file separate lawsuits as individual victims. As a way of representing these many individual victims, there is a Lead Plaintiff who will act as the main representative and steer the litigation in a class action lawsuit on behalf of all other class members.
The Lead Plaintiff will be the primary individual who is going to represent the class (group of victims), whether they were the first person to file an action against the company or one of just a few people who were the first to file actions against that company. It will be the Lead plaintiff’s responsibility to prove that the injuries sustained by themselves and the legal claims they are bringing are "typical" or representative of the other members of the class.
Becoming a Lead Plaintiff is not an easy decision, but it is simplified with assistance from a data breach lawyers or other legal adviser. The Lead Plaintiff typically has a qualified attorney with experience handling the majority of the court process. Based on the unique circumstances of each Lead Plaintiff (for example, the type and amount of stolen data and the damage caused to the Lead Plaintiff), the attorney builds a foundation for the legal arguments the rest of the class will use.
In fact, the Lead Plaintiff usually does not have to commit a large amount of time to pursuing the case. The primary responsibilities of the Lead Plaintiff include:
- Answering questions under oath regarding the case (deposition)
- Providing any relevant documents related to the exposure to the data breach
- Approving those issues that will be the lead plaintiff's final decision about the settlement
All legal strategy, evidence collection, and court arguments—proving that the company failed to protect the data—are the responsibility of the attorneys.
The Lead Plaintiff’s identity and experience give the necessary legal structure for large corporations to be held responsible. Without the Lead Plaintiff's action, most victims would have no legal recourse to obtain damages relating to identity theft, financial damages, or emotional pain due to a breach of their data. As such, the Lead Plaintiff is what ultimately enables all victims of a data breach to gain access to justice.
Lead plaintiffs, having put forth significant amounts of their own time, energy, and effort in connection with the management of the litigation, may also qualify for a monetary remuneration ("service award") if the matter results in a successful settlement or judgment. The court must approve this service award, and it is in addition to what the lead plaintiff receives as a member of the class. The service award is recognition of the substantial contribution made by the lead plaintiffs that made it possible for thousands of other class members to pursue their legal rights, when otherwise they would not have been able to do so.
