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

Blog

In The Blogs

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Data Privacy Monitor
When Obscurity Is Not a Defense
February 22, 2018
Many organizations facing a data-security incident struggle to understand how or why their organization was targeted in an attack. Most simply believe they are too small or too obscure to be targeted by malicious cyber actors. Even larger...
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Class Action Lawsuit Defense
The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts
February 21, 2018
As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333...
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Data Privacy Monitor
Recent OCR Newsletter Highlights Growing Cyber Extortion Threat for Healthcare Organizations
February 19, 2018
The OCR’s January 2018 newsletter details specific types of cyber extortion that healthcare organizations are currently encountering, including ransomware, denial of service attacks, distributed denial of service attacks and theft of...
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Data Privacy Monitor
Looking Back: The Federal Trade Commission Issues Annual Data Privacy Report for 2017
February 6, 2018
On Jan. 18, 2018, the Federal Trade Commission (FTC) published its Annual Privacy and Data Security Update. The update is helpful to businesses in that it recaps the efforts and areas of involvement the FTC has targeted in the past year as...
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Data Privacy Monitor
SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare
January 31, 2018
On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb. 2, 2018. As...
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