Sumner and Gaskins Article Referenced in InsideCounsel
Charleston Litigation Member Robert Sumner and Litigation Associate Brandon Gaskins' InsideCounsel article from November 2014 was recently mentioned in an InsideCounsel article by Zach Warren. Writing on the recent Target settlement, Warren references "The consumer may not be your worst enemy in the case of a data breach" stating:
However, Target may not be out of the woods quite yet. As Robert E. Sumner, IV and E. Brandon Gaskins of Moore & Van Allen wrote for InsideCounsel in November 2014, lawsuits from shareholders and business partners can have an even bigger impact on the breached company’s bottom line than even customers’ class action lawsuits.
“While consumers have had only limited success in data breach lawsuits because of the difficulty in establishing actual rather than speculative monetary injury, non-consumer plaintiffs do not face this challenge because they can more easily identify compensable losses in the form of lost business expenses resulting from the breach,” Sumner and Gaskins wrote. “Accordingly, businesses should be equally, if not more, concerned about data breach lawsuits brought by parties other than their customers.”