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 2013 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: Privacy & Data Protection (2013, 2014)
    • National Band 3 ranking
    • Recommended for Client Service (2013)
    • Recommended for Commercial Awareness (2013)
  • Best Lawyers in America© 2014: Five lawyers were selected by their peers for inclusion.

Blog

In The Blogs

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Class Action Lawsuit Defense
Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment
November 20, 2017
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant...
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Class Action Lawsuit Defense
TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent
November 13, 2017
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The...
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Data Privacy Monitor
Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?
November 8, 2017
Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed, yet fake...
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Data Privacy Monitor
From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings
By Alan L. Friel, Melinda L. McLellan
November 7, 2017
On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online services...
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Data Privacy Monitor
Deception and Unfair Practices Come Preinstalled
By Alan L. Friel
October 23, 2017
Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software preinstalled on some...
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