Data Security’s Unjust Enrichment Theory

Remijas v Neiman Marcus Group, LLC,1 is Judge Diane Wood’s most famous data security opinion, and for good reason. The opinion is elegantly written and refreshingly pragmatic with respect to an issue that has prompted other courts to fall into the trap of empty formalism. Yet the opinion is not perfect, and this Essay celebrating Wood’s silver anniversary on the bench will argue that it missed an opportunity to solve a vexing and important problem that arises when data breach suits are brought in federal court.