Trump’s $10B IRS Suit Over Tax Data Leaks Raises Legal Issues

David Gair, a partner in Troutman Pepper Locke’s Tax Controversy + Litigation Practice Group, was quoted in the February 10, 2026 Thomson Reuters article, “Trump’s $10B IRS Suit Over Tax Data Leaks Raises Legal Issues.”

• The high-profile nature of the Trump lawsuit could inspire a wave of similar litigation from others whose data was compromised, but they are likely to face legal hurdles, according to Troutman Pepper Locke Partner David Gair. “I think a lot of people are probably looking at the Trump lawsuit and thinking, ‘Hey, maybe I need to get onto this bandwagon and file my own lawsuit,’” Gair told Checkpoint, hinting at a possible rise in “copycat lawsuits.”
• But Gair cautioned that these plaintiffs would struggle to prove they suffered financial harm. “All those people are going to have similar issues … especially when you’re talking about actual damages,” he said. He explained that a successful claim typically requires a clear link between the disclosure and a specific financial loss, such as a lost business contract.
• In Trump’s case, Gair noted that reports suggest his net worth has increased since the leaks, making a claim of financial harm particularly difficult to substantiate. “I just don’t know if the facts would support a situation like that for him. It seems like it’s the opposite,” Gair stated.
• Gair added that, if successful, the suit would take funds from an agency already beset by cuts and workforce reductions. “[T]he IRS has lost tons of funding, and lots of employees have left” as a result of the Department of Government Efficiency’s involvement in various government agencies last year. “So there’s just a lot less people doing a super important job. It’s hard to build roads if you don’t have funds going into it.” Gair said the IRS should be revitalized and again function as an “organization that all of us as Americans can be proud of.”