Does a data breach of a retailer's payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future fraud or identity theft sufficient to confer customers standing to assert a class action? Are a retailer's customer service efforts following a data breach – arguably subsequent remedial measures – proper evidence of the customers' injury? These are some of the bedrock questions luxury retailer Neiman Marcus has asked the Seventh Circuit Court of Appeals to consider en banc following a three judge panel's bombshell opinion in Remijas v. Neiman Marcus Group.