Craig A. Hoffman

Partner

Cincinnati
T 513.929.3491  |  F 513.929.0303

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Craig Hoffman: Data Security and the Retail Industry
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BakerHostetler's Craig Hoffman discusses credit card breaches EMV, and what retailers should do after an incident.

Craig Hoffman is a leading member of the firm's Chambers USA-ranked Privacy and Data Protection team. He provides proactive counsel on the complex regulatory issues that arise from data collection and use, including customer communications, data analytics, emerging payments, cross border transfers, and security incident response preparedness. He uses his experience as a litigator and work with hundreds of companies who have faced security incidents to help clients develop a practical approach to meet their business goals in a way that minimizes regulatory risk. For example, Craig conducts incident response workshops—built upon applicable notification laws and guidelines, "good" and "bad" examples from other incidents, and a tabletop exercise—to prepare companies to respond to security incidents quickly, efficiently, and in a manner that complies with applicable law while mitigating risk and preserving customer relationships.

Trusted for his knowledge, experience, and client service, Craig is engaged by clients as soon as they learn of a potential data security incident. He immediately begins to work with their internal team and third parties to identify and contain the incident, remediate issues to maintain business operations, and develop information needed to deliver effective public communications designed to preserve customer relationships and minimize the likelihood and consequences of litigation and regulatory investigations. Craig works to favorably position clients to face the card networks' revalidation, fines, and assessment rules in incidents involving payment card data. Craig also guides clients through informal and formal regulatory investigations brought by state attorneys general and the Federal Trade Commission (FTC). When putative class actions are filed, Craig uses his years of litigation experience and comprehensive knowledge of the incident response to ensure that the litigation strategy is consistent with the client's customer relations and regulatory defense efforts. Craig serves as the editor of BakerHostetler's Data Privacy Monitor blog, providing commentary on developments in data privacy, security, social media, and behavioral advertising. 

Select Experience

Privacy & Data Security Compliance | Information Governance Experience
  • Providing proactive privacy and security advice to emerging companies related to data collection, use, sharing, and marketing, as well as establishing payment systems. Recent transactions include the purchase of a word-of-mouth marketing company. 
  • Conducting incident response workshops.
  • Developing and implementing policies, including website and app privacy and terms of use, BYOD, social media, incident response, and information security plans.
Security Incident Response & Litigation Experience
  • Leading the incident response teams of national and international retailers following attacks on their card present and e-commerce payment systems.  Clients include grocers, gaming, eye care, sporting goods, tool and equipment, clothing, cosmetics, restaurants, hospitality, luxury goods, and electronics. Engagements involve:
    • Overseeing the forensic investigation,
    • Interacting with the FBI, Secret Service, and other law enforcement officials,
    • Ensuring a response in compliance with state breach notification laws and contractual notice obligations,
    • Managing significant customer relations issues,
    • Responding to state attorneys general and FTC inquiries,
    • Addressing card network fines and assessments, and
    • Defending multiple putative class actions.
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Experience

Privacy & Data Security Compliance | Information Governance Experience
  • Providing proactive privacy and security advice to emerging companies related to data collection, use, sharing, and marketing, as well as establishing payment systems. Recent transactions include the purchase of a word-of-mouth marketing company.
  • Conducting incident response workshops.
  • Developing and implementing policies, including website and app privacy and terms of use, BYOD, social media, incident response, and information security plans.  
  • Preparing for U.S.-EU Safe Harbor certification.
  • Consulting on emerging payment issues, including assessing tokenization and point-to-point encryption technologies, planning for EMV liability shift, and mobile payments.
  • Providing due diligence and contract drafting to M&A teams, including the acquisition of a social media company and payment processing companies.
Security Incident Response & Litigation Experience
  • Leading the incident response teams of national and international retailers following attacks on their card present and e-commerce payment systems.  Clients include grocers, gaming, eye care, sporting goods, tool and equipment, clothing, cosmetics, restaurants, hospitality, luxury goods, and electronics. Engagements involve:
    • Overseeing the forensic investigation,
    • Interacting with the FBI, Secret Service, and other law enforcement officials,
    • Ensuring a response in compliance with state breach notification laws and contractual notice obligations,
    • Managing significant customer relations issues,
    • Responding to state attorneys general and FTC inquiries,
    • Addressing card network fines and assessments, and
    • Defending multiple putative class actions.
  • Advising technology service providers on issues relating to product security vulnerabilities.  Clients include cloud service providers, identity management, data centers, and software companies.
  • Representing financial institutions, banks, and credit unions responding to events of unauthorized access to sensitive customer information.  Incidents have included malware infections, network intrusions, denial of service attacks, employee carelessness, and malicious employees. Engagements often involve interaction with financial regulatory authorities.
  • Advising companies on investigations related to theft of trade secrets by departing employees.
  • Filing and arguing appeals of card network fines and assessments against merchants arising from payment card breach incidents.
  • Pursued claims on behalf of a buyer against the seller for breach of representations and warranties when a cyber-attack that exploited long-standing security deficiencies occurred just after the sale.
  • Member of trial team that pursued delay damages against a subcontractor on behalf of a commercial developer and general contractor.
  • Member of trial team that obtained a $163 million settlement of False Claims Act and fraud claims against a pharmacy benefit manager.
CLE/Webinars/Seminars
  • "The Lurking Menace: Cybercrime, Data Security, and Privacy Rights," Money2020 (October 2013)
  • "Examining the Payment Card Industry (PCI) Adjudication Process," Net Diligence CyberWest (October 2013)
  • "Preventing and Responding to Data Security Incidents," State Risk and Insurance Management Association (September 2013)
  • "Preparing for and Mitigating Account Data Compromise Events," Vantiv Partnership Forum (September 2013)
  • "Effective Data Breach Incident Response," Ohio CISO Executive Summit (June 2012)
  • "Network Security and Privacy Law: A Rapidly Developing Liability Landscape," Webinar (March 2012)
  • "Data Security and Cyber Liability Update," LexisNexis Webinar (November 2011)
  • "Are You Ready for a Data Breach?" BakerHostetler CLE (October 2011)

Recognitions

  • Law360 "Rising Star" in Privacy (2015)
  • Ohio Super Lawyers "Rising Star" (2009 to 2012)
  • Dayton Business Journal's "Forty Under 40" (2008)
  • International Association of Privacy Professionals (IAPP): Certified Information Privacy Manager (CIPM)

Memberships

  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association
  • Cincinnati Academy of Leadership for Lawyers: Member of Class XIV (2010)

News

Press Releases

Services

Industries

Prior Positions

  • Clerk for the U.S. Department of Labor Administrative Law Judge Thomas F. Phalen

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • Kentucky, 2008
  • Ohio, 2002

Education

  • J.D., University of Cincinnati College of Law, 2002
  • B.A., University of Cincinnati, 1999

Blog

In The Blogs

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Data Privacy Monitor
2015 BakerHostetler Security Incident Response Report Provides Insight Beyond Technical Incidents
August 27, 2015
There is no longer a debate – security incidents are inevitable. Organizations are working to be better prepared to respond when the first sign of an incident is detected (often at 4:30 p.m. on a Friday). So what kind of incidents should...
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Data Privacy Monitor
Federal Trade Commission Joins with Industry Experts to Provide Start-Ups and Developers with Practical Advice at “Start with Security” Conference
August 24, 2015
The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with Security”...
Read More ->
Data Privacy Monitor
EMV Liability Shift Update – What Liability Actually Shifts?
August 20, 2015
With the October 1, 2015 liability shift deadline looming, merchants who have not yet made the change continue to evaluate the cost of accepting EMV cards versus the liability that will shift from the issuer to the merchant if they do not...
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Data Privacy Monitor
Federal Trade Commission Continues Its Enforcement Campaign Against False Safe Harbor Claims
August 20, 2015
Reiterating its commitment to enforcing the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks, the Federal Trade Commission announced on Monday that it has reached settlements with 13 companies alleged to have misled consumers either by...
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Data Privacy Monitor
A Deeper Dive: Data Security Incident? Don’t Panic
August 17, 2015
It’s 6 p.m. on a Friday and you get a call from your IT department. They have detected that an intruder has gained access to your company’s network. At this point, the headlines from the major data breaches of recent years may be flashing...
Read More ->