Privacy and Data Protection

"A collection of very smart and conscientious lawyers who think things through in a very meticulous way."
– Chambers USA 2015

Our nationally recognized BakerHostetler Privacy and Data Protection team, with more than 40 lawyers, combines multidisciplinary legal skills with deep industry, technical, and regulatory experience to deliver comprehensive, practical, and trusted guidance to companies in six key areas:

A longtime leader in this practice area, we represent companies from all tiers of the Fortune 500 as well as hospitals, universities, small and midsize businesses, emerging technology companies, and state and municipal entities. Our experienced team members practice in key locations across the United States and have global capabilities, maintaining strategic partnerships with lawyers, security firms, and risk management companies around the world.

Nationwide Reach, Comprehensive Service >>

Recognition

Chambers USA ranks us in its 2015 edition, recognizing our “longstanding expertise in major data breaches” and “significant regulatory practice.” According to the guide, clients say we are “a collection of very smart and conscientious lawyers who think things through in a very meticulous way” and note that “[t]hey put the right people on the team. They were also very responsive and really listened to us.” Clients tell Chambers that our team’s national leader, Ted Kobus, is “one of the best around and has a great and expanding team.” Chambers also nominated us with a select group of firms for a 2015 Chambers USA Award as “Privacy and Data Security Team of the Year” for our outstanding work, strategic growth, and client service excellence during 2014.

Law360 recognized our team as one of the nation’s best practices when it selected us as one of its Practice Groups of the Year for Privacy in three consecutive years, 2013, 2014 and 2015. In addition, partner Craig Hoffman was selected by Law360 as one of three 2015 Privacy Rising Stars. Our team’s co-leader, Ted Kobus, was named a Law360 MVP for Privacy and Consumer Protection in 2013 and our Class Action Defense team leader, Paul Karlsgodt, was named a Law360 MVP for Privacy and Consumer Protection in 2014 and 2015.

Industry Focus

We work with clients across a broad range of industries and have particular experience with the following:

Select Experience

  • Premera Blue Cross, handling its incident response and regulatory and class action defense with regard to the largest incident involving medical information ever reported.
  • Schnuck Markets, Inc. as overall incident response counsel on all matters arising from its disclosure that up to 2.4 million payment cards were at risk from a cyberattack, including addressing regulatory investigations, obtaining a declaration from the Missouri Attorney General that Schnuck did not violate any data security laws, defending multiple consumer putative class actions, defending a putative class action brought on behalf of banks that issued affected payment cards, addressing card network liability assessment demands, and bringing a successful suit against Schnuck’s acquiring bank and payment processor to enforce a limitation-of-liability provision in the merchant services agreement.
  • Eisenhower Medical Center, acting as lead counsel in a California Confidentiality of Medical Information Act (CMIA) case arising out of thefts of computers, one of which contained index information for more than 500,000 patients, obtaining a favorable ruling from the California Court of Appeal that the patient index information is not “medical information” as defined under the CMIA, leading to a voluntary dismissal by the plaintiffs, with no payment by Eisenhower, after the California Supreme Court denied review and remanded the case to the trial court.
  • A Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
More »

Professionals

Name Title Office Email
Fernando A. Bohorquez Jr. Partner New York
David M. Brown Associate Philadelphia
Jessica Captain Novick Partner Orlando
David A. Carney Partner Cleveland
Teresa C. Chow Partner Los Angeles
Casie D. Collignon Partner Denver
Regina Vogel Culbert Of Counsel Seattle
William R. Daugherty Counsel Houston
Carrie Dettmer Slye Associate Cincinnati
Vimala Devassy Counsel Atlanta
Kelley P. Doran Partner Washington, D.C.
Emily R. Fedeles Associate New York
Jenna N. Felz Associate New York
Gerald J. Ferguson Partner New York
Tanya Forsheit Partner Los Angeles
Amy E. Fouts Partner Atlanta
Alan L. Friel Partner Los Angeles
Randal L. Gainer Partner Seattle
Lisa M. Ghannoum Partner Cleveland
Daniel Goldberg Associate Los Angeles
Daniel J. Guttman Partner Columbus
Patrick H. Haggerty Partner Cincinnati
Mark Hatcher Partner Columbus
Craig A. Hoffman Partner Cincinnati
Lindsay P. Holmes Associate Washington, D.C.
Paul G. Karlsgodt Partner Denver
Gilbert S. Keteltas Partner Washington, D.C.
Theodore J. Kobus III Partner New York
M. Scott Koller Counsel Los Angeles
Michael R. Matthias Partner Los Angeles
Melinda L. McLellan Counsel New York
Kathryn C. Mellinger Associate Philadelphia
Jennifer A. Mills Partner Cleveland
Jonathan B. New Partner New York
Michael G. Oxley Of Counsel Washington, D.C.
Eric A. Packel Counsel Philadelphia
Alan M. Pate Associate New York
F. Paul Pittman Associate Cincinnati
Frank A. Pugliese Partner New York
Robert T. Razzano Partner Cincinnati
Chad A. Rutkowski Partner Philadelphia
Lynn Sessions Partner Houston
James A. Sherer Counsel New York
Douglas L. Shively Associate Cleveland
Richard W. Siehl Partner Columbus
James A. Slater Partner Cleveland
Maryanne Stanganelli Associate New York
Paulette M. Thomas Counsel Cincinnati
Daniel R. Warren Partner Cleveland
Robert M. Wolin Partner Houston
Gonzalo S. Zeballos Partner New York

Experience

  • Premera Blue Cross, handling its incident response and regulatory and class action defense with regard to the largest incident involving medical information ever reported.
  • Schnuck Markets, Inc. as overall incident response counsel on all matters arising from its disclosure that up to 2.4 million payment cards were at risk from a cyberattack, including addressing regulatory investigations, obtaining a declaration from the Missouri Attorney General that Schnuck did not violate any data security laws, defending multiple consumer putative class actions, defending a putative class action brought on behalf of banks that issued affected payment cards, addressing card network liability assessment demands, and bringing a successful suit against Schnuck’s acquiring bank and payment processor to enforce a limitation-of-liability provision in the merchant services agreement.
  • Eisenhower Medical Center, acting as lead counsel in a California Confidentiality of Medical Information Act (CMIA) case arising out of thefts of computers, one of which contained index information for more than 500,000 patients, obtaining a favorable ruling from the California Court of Appeal that the patient index information is not “medical information” as defined under the CMIA, leading to a voluntary dismissal by the plaintiffs, with no payment by Eisenhower, after the California Supreme Court denied review and remanded the case to the trial court.
  • A Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
  • A multibillion-dollar financial and commodity derivatives exchange, as global privacy and incident response counsel, including developing a coordinated incident response plan, preparing “playbooks” for different incident response team disciplines, vetting and advising on the selection of incident response service providers, and working with the incident response team to investigate and resolve suspected data breaches.
  • Both cloud service providers and enterprise purchasers, including Software as Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS), conducting due diligence and negotiating more than 100 cloud computing transactions.

Recognition

  • Chambers Global: Privacy & Data Protection (USA) (2014, 2015)
  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2015)
    • Recommended for Client Service (2013)
    • Recommended for Commercial Awareness (2013)
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • The Best Lawyers in America© (2016)
    • 2 lawyers named in Privacy and Data Security Law

News

Press Releases

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
Safe Harbor Part Deux: The Privacy Shield
February 3, 2016
This week began like many. An arbitrary deadline came and went – this one, January 31, 2016, was set by the Article 29 Working Party for European and United States regulators to address the void created by the invalidation of the Safe...
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Data Privacy Monitor
Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things
February 2, 2016
With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected Cars – have...
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Data Privacy Monitor
Encryption: The Battle Between Privacy and Counterterrorism
January 28, 2016
For privacy advocates, it is universally accepted that encryption is a very good thing. After all, encrypted data is deemed a safe harbor under HIPAA and state breach-notification laws, providing an “out” from potential fines and penalties...
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Data Privacy Monitor
Data Security in the Financial Industry: Five Key Developments to Keep An Eye on in 2016
By Jenna N. Felz
January 27, 2016
According to a 2015 report on threats to the financial services sector, 41% of financial services organizations polled had experienced a data breach or failed a compliance audit in the previous year, and 57% listed preventing a data breach...
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Data Privacy Monitor
Five Questions Clients Asked Most Often in 2015 About Incident Response
January 20, 2016
We provided incident response and incident response preparedness services to hundreds of companies in 2015. The questions we answered were as unique and varied as the incidents companies faced. Some were challenging, and occasionally they...
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