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

  • Chambers USA: Litigation
    • Litigation: General Commercial (Ohio) – Band 2 (2019)
    • Litigation: General Commercial (Colorado) – Recognized (2019)
    • Retail: National – Recognized (2019)
  • Chambers USA:
    • Paul Karlsgodt – Litigation: General Commercial (Colorado), Band 4 (2019)
    • Daniel Warren – Litigation: General Commercial (Ohio), Band 2 (2019)
    • Ernest Vargo – Litigation: General Commercial (Ohio), Band 4 (2019)
  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Best Lawyers in America® 2018:
    • Rodger Eckelberry
    • Joseph Ezzie
    • Mark Johnson
    • Richard Knoth
    • Jerry Linscott
    • George Tzanetopoulos
    • Ernest Vargo
    • Daniel Warren
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

Publications

Alerts

Blog

In The Blogs

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Data Privacy Monitor
IAB Unveils Solution for Interest-Based Advertising and CCPA "Do Not Sell" Right
By Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel, Linda A. Goldstein
September 19, 2019
On September 17, 2019, numerous stakeholders in the digital advertising industry – including publishers, advertisers/brands, AdTech companies and law firms (including numerous representatives from BakerHostetler) – convened at the...
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Data Privacy Monitor
CCPA Exceptions: What Qualifies as Activity ‘Wholly Outside' of California?
By Arielle L. Brown, Melinda L. McLellan
September 18, 2019
Much has been said about the scope of the California Consumer Privacy Act (CCPA) and the far-reaching implications the law will have on businesses throughout the United States. Although it is true that the territorial reach of the law is...
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Data Privacy Monitor
CCPA Amendments – Where They Stand Today
By Taylor A. Bloom, Alan L. Friel
September 17, 2019
A little more than 100 days prior to the effective date of the California Consumer Privacy Act (CCPA), six amendments (A.B. 25, A.B. 874, AB 1146, A.B. 1202, A.B. 1355 and A.B. 1564) to the act were approved by California lawmakers at the...
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Data Privacy Monitor
Just How Far Does California's New IoT Security Law Reach?
By Daniel A. Pepper
September 13, 2019
On January 1, 2020, California’s new Internet of Things (IoT) Security Law goes into effect. The law is the first IoT-specific security law in the United States and, simply put, requires all IoT devices sold in California to be equipped...
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Data Privacy Monitor
Less Than a Month to Go Until Nevada Privacy Law Effective Date
By Alan L. Friel, Shea M. Leitch
September 12, 2019
As discussed in our previous blog post on the topic, Nevada’s amendments to its privacy law are set to go into effect Oct. 1, 2019. Less comprehensive in scope than the much-heralded CCPA, the Nevada privacy law amendment has received...
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