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Rogers & Hardin Partner Josh Gunnemann Comments On Lost Time Provision In Target Data Breach Settlement

March 2015
Rogers & Hardin partner Josh Gunnemann recently commented on the Target data breach settlement for a Law360 article. The article, titled “Target’s $10M Breach Settlement Sets Affordable Standard,” discusses the recently unveiled $10 million settlement of the class action arising from Target Corporation’s 2013 data breach. It is available here.
Josh commented on a provision of the settlement terms which allows class members to count toward their unreimbursed damages the time spent addressing unauthorized charges on their account, a relatively novel category of damages. Josh commented “It will be interesting to see if the 'lost time’ concept works its way into other data breach cases as a possible calculation of damages. In a large class, ‘lost time’ could add up to large damages amounts, if it is the type of damages that courts will allow going forward.”
Josh is an accomplished trial lawyer who represents businesses and individuals who are involved in complex business disputes, difficult litigation, and governmental investigations. He has significant experience representing plaintiffs and defendants in a wide variety of complex business matters and he advises clients on matters of data security and privacy. He is the author of several articles on data privacy and security including “What Every Lawyer Must Know About Cybersecurity,” “What Every Company Should Be Thinking After Target Ruling,” “Privacy Policies: The FTC Is Questioning Whether Your Client's Policy Is Good Enough,” and “Crafting a Privacy Policy for Your Clients.”

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