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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Class Action Lawsuit Defense
Standing in Uncertainty: Spokeo Three Years Later
By Brittany N. Lockyer, Kenneth G. Prabucki
May 21, 2019
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm” requirement...
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Class Action Lawsuit Defense
Supreme Court: Express Consent Required for Class Arbitration
May 14, 2019
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to...
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Data Privacy Monitor
Deeper Dive: GLBA-Regulated Financial Institutions Reduce Your Cybersecurity Risk With Rigorous Oversight of Third-Party Service Providers
May 8, 2019
Financial institutions that are subject to the Gramm-Leach Bliley Act (GLBA) can find practical tips that address their unique data security challenges in the 2019 Data Security Incident Report (DSIR). It appears that money remains a...
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Data Privacy Monitor
Deeper Dive: Security Incident Mitigation Strategy: Effective Negotiation of Technology Contract Limitations of Liability
May 7, 2019
There is always significant negotiation around caps on liability when negotiating a contract with a technology vendor. If the vendor will have access to the personal information of its customers’ end users (regardless of whether the end...
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Data Privacy Monitor
Washington Privacy Act Dies in the House While California Continues to Consider Refinements to the CCPA
By Shea M. Leitch, Niloufar Massachi
May 6, 2019
After passing the Senate nearly unanimously, the Washington Privacy Act (SB 5376) has stalled in the House of Representatives. The bill failed to achieve passage out of committee by the April 17 deadline for consideration of bills...
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