Class Action Defense - Privacy and Data Protection

Overview

"Baker[Hostetler] has a rare combination of industry leading expertise of privacy and data security law and highly skilled litigators. More importantly, they are excellent strategic thinkers in an area of law that is very unclear."

– This comment appears on the U.S. News & Best Lawyers "Best Law Firms" website at bestlawfirms.usnews.com

Our Privacy and Data Protection team is highly skilled in providing swift and effective data breach responses, having handled some of the largest incidents in the financial services and healthcare industries. Recognizing that data breach litigation is on the rise, we strategically guide clients through the critical moments from the first discovery of a breach through remediation and response, with an eye on mitigating liability and avoiding class actions.

In the event a class action is filed, our team, with hands-on experience obtained in the trenches of breach response, joins forces with the litigators in our Class Action Defense team, who are proficient in the procedural aspects of class action matters and come armed with a stockpile of proven defense tactics. Seamlessly coordinating with the crisis response team, our litigators have the advantage of knowing the case inside and out from its inception and act as trusted advisors to our clients throughout class action defense proceedings.

Our National Privacy and Data Protection team is ranked in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business and five Class Action Defense team members are ranked as leaders in litigation.

Select Experience

  • Defending Schnucks Markets, one of the largest privately held supermarket chains in the country, in six class actions and one individual action related to a payment card data breach in state and federal courts in Missouri and Illinois.
  • Obtained dismissal of a class action suit against KeyBank, the member bank sponsoring Heartland Payment Systems, a card transaction processor that experienced a data breach. The lawsuit was filed by payment card issuers for possible exposure of confidential data connected to as many as 130 million MasterCard and Visa cards resulting from the breach.
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Experience

  • Defending Schnucks Markets, one of the largest privately held supermarket chains in the country, in six class actions and one individual action related to a payment card data breach in state and federal courts in Missouri and Illinois.
  • Obtained dismissal of a class action suit against KeyBank, the member bank sponsoring Heartland Payment Systems, a card transaction processor that experienced a data breach. The lawsuit was filed by payment card issuers for possible exposure of confidential data connected to as many as 130 million MasterCard and Visa cards resulting from the breach.
  • Representing Eisenhower Medical Center, an acute care hospital, in a potentially precedent-setting putative class action that is one of the first attempts to apply the California Confidentiality of Medical Information Act to a data breach incident.
  • Representing South Broward Medical District DBA Memorial Healthcare System in a putative class action arising from alleged unauthorized access to patient information by employees.
  • Representing Sentara Healthcare in a putative class action following the theft of a desktop computer containing medical information.
  • Representing Advocate Health in the defense of class actions arising from a breach involving four million patients, making it the second largest HIPAA breach ever recorded. Defending against a variety of claims based primarily on the allegation that Advocate insufficiently secured its patients’ personal information, including negligence, breach of express and implied contract and invasion of privacy.
  • Defending a putative class action seeking damages for Vistaprint’s use of cookies in its website in the Circuit Court of Maries County, Missouri.
  • Defending LivingSocial Inc. in a consumer class data breach litigation following a cyber-attack that exposed the personal information of its 50 million users.

Recognition

  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Chambers USA 2017: Two Attorneys Listed
    • Paul Karlsgodt
    • Daniel Warren
  • Best Lawyers in America® 2017: Seven Attorneys Listed
    • Rodger Eckelberry
    • Joe Ezzie
    • Mark Johnson
    • Richard Knoth
    • Jerry Linscott
    • George Tzanetopoulos
    • Dan Warren
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation

Publications

Alerts

Blog

In The Blogs

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Data Privacy Monitor
Navigating the State Data Breach Laws? An Enhanced Resource is Available
By Julie A. Hein
September 21, 2018
In large security incidents, the differences among state breach notification laws usually do not come into play. In smaller matters, where individuals in only a few states are potentially affected, the differences sometimes result in...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
September 20, 2018
Class Actions Judge Approves $80M Settlement in Yahoo Data Breach Suit • U.S. District Judge Lucy Koh awarded plaintiffs $80 million in a consolidated class action brought against Yahoo by shareholders resulting from data breaches Yahoo...
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Data Privacy Monitor
New Mexico Attorney General Is Turning Up the Heat on Enforcement of Data Privacy Laws
By Sara M. Goldstein, Aaron R. Lancaster
September 18, 2018
With the announcement last week of its new lawsuit against several tech companies for violating Children’s Online Privacy Protection Act (“COPPA”), the FTC Act, and New Mexico’s Unfair Practices Act (“UPA”), the State of New Mexico Office...
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Data Privacy Monitor
Is a New Federal Data Privacy Law on the Horizon? The Tech Industry Sure Hopes So
By Sara M. Goldstein, Laura E. Jehl
September 17, 2018
Despite several failed attempts in recent years, there is a new effort underway to enact a federal data privacy law, and it’s being led by a somewhat unlikely source – the tech industry. Although they were resistant to a federal privacy...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
September 10, 2018
Class Actions Hotel Investment and Management Firm Aimbridge Hospitality LLC Removes Putative Class Action to Federal Court • Hospitality company Aimbridge Hospitality LLC (Aimbridge) removed a putative class action lawsuit by a former...
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