Erica Gann Kitaev

Partner

Denver
T 303.764.4042  |  F 303.861.7805

Erica Kitaev’s practice focuses on the defense of complex commercial disputes, including class actions, with a special emphasis on privacy concerns, discovery management and advocacy, and data security breaches. With deep understanding of the issues related to information management, Erica understands her clients’ data and its implications on their cases. She brings a holistic approach to her practice, developing strategies that address not only the legal side of client situations, but their business objectives, as well.

Significantly involved in the realm of privacy and data protection, Erica teaches a seminar on privacy law at the University of Denver Sturm College of Law and is a member of the College of Law’s advisory board for the Privacy Foundation, which conducts research and educates practitioners of the legal profession and the general public about technologies that affect personal privacy. In addition, she is a contributor to BakerHostetler’s Data Privacy Monitor blog and a frequent writer and speaker on privacy topics.

Select Experience

  • Involved in data breach response on behalf of healthcare client for one of the largest data breaches in history stemming from theft of computers containing patient information.
  • Member of team involved in significant consumer class action stemming from credit card data breach on behalf of grocery store.
  • Involved in seminal data breach addressing issues of third party contracts for those involved in breach on behalf of national financial institution. Drafted motion for and obtained summary judgment in Pennsylvania and achieved favorable change of venue in matter, resulting in new action filed in Florida.
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Experience

  • Involved in data breach response on behalf of healthcare client for one of the largest data breaches in history stemming from theft of computers containing patient information.
  • Member of team involved in significant consumer class action stemming from credit card data breach on behalf of grocery store.
  • Involved in seminal data breach addressing issues of third party contracts for those involved in breach on behalf of national financial institution. Drafted motion for and obtained summary judgment in Pennsylvania and achieved favorable change of venue in matter, resulting in new action filed in Florida.
  • Assists clients with Canadian privacy compliance, including advising on establishing customer rewards programs to be used in Canada and international data transfer issues under new Canadian law.
  • Member of a firmwide team investigating issues related to the Ponzi scheme instituted by Bernard L. Madoff; responsible for managing the litigation of a number of good faith avoidance actions as well as part of the case-wide discovery management team responsible for addressing discovery issues. Assists with discovery-related matters and works on good faith cases.
  • Managed litigation stage of collection efforts for more than 60 cases for division of major national bank.
  • Participated in high-profile case opposing discovery order issued to national family planning organization ordering production of confidential patent records.
  • Assisted in the management of the collection, review, and production of electronically stored documents in large class action dispute, including devising and implementing plan to protect privacy of consumer information.

Memberships

  • International Association of Privacy Professionals: Certified Information Privacy Professional
    • Denver-Boulder KnowledgeNet Program: Co-Chair

Pro Bono

  • Member of team that worked as cooperating counsel with the American Civil Liberties Union of Colorado in representing the family of a victim in a wrongful death civil rights suit against three state patrol officers. Team negotiated a settlement of more than a million dollars that included a commitment by the Colorado State Patrol to make significant changes to its Fourth Amendment training.

Services

Prior Positions

  • Judicial Extern for the Honorable S. Arthur Spiegel in the Federal District Court for the Southern District of Ohio

Admissions

  • U.S. District Court, District of Colorado
  • U.S. District Court, Southern District of Ohio
  • Ohio [Inactive]
  • Colorado, 2008

Education

  • J.D., University of Cincinnati College of Law, 2004, Order of the Coif; Managing Editor, Cincinnati Law Review; President's Award for Highest GPA; Morrill Prize for Constitutional Law I and II; Squillante Prize for Commercial Law; Advocacy Book Award
  • M.M., Austin Peay State University, 1997, with honors
  • B.A., University of Cincinnati College-Conservatory of Music, 1995, cum laude

Blog

In The Blogs

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Data Privacy Monitor
Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records
April 16, 2014
Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations.  On April 3...
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Data Privacy Monitor
With OpenSSL Compromised by Heartbleed, an Opportunity for Companies to Diversify Cyber Security Efforts
April 14, 2014
The recent discovery of the “Heartbleed” online bug has sent shockwaves through the internet, causing companies and individuals alike to question very basic assumptions about cyber security. The bug has allegedly existed for the past two...
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Data Privacy Monitor
Kentucky Enacts Data Breach Notification Statute
April 14, 2014
On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation.  Prior to H.B. 232, Kentucky was one of only four states—including Alabama, New...
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Data Privacy Monitor
Privacy Law in a Nutshell
April 11, 2014
BakerHostetler Privacy & Data Security partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the...
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Data Privacy Monitor
Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services
April 11, 2014
SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature.  This is a bad bill for the private educational industry, and ultimately for parents and students.  It would drastically expand the...
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