David A. Carney

Partner

Cleveland
T +1.216.861.7634
F +1.216.696.0740

Overview

David Carney has been at the forefront in defending clients against alleged data privacy claims over the course of the past decade. He has defended clients against privacy claims in state and federal courts throughout the nation, with a particular emphasis in claims raising allegations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

David has extensive knowledge of and appreciation for the threshold arguments on injury and on the merits that define privacy cases, and has been named both as a Law360 Rising Star for Privacy in 2016 and a Law360 MVP for Cybersecurity and Privacy in 2021.

Select Experience

  • Defended health care provider against putative class action claims arising from vendor data security incident in Worcester County Superior Court, Mass. Court granted motion to dismiss for failure to allege cognizable harm.
  • Defended medical imaging company against putative class action claims following ransomware incident in Arizona federal court. Court granted motion to dismiss for lack of Article III standing.
  • Defended health care provider against individual claim over alleged snooping incident involving public exposure of HIV status on Facebook. Case settled following extensive discovery and dispositive motion practice.
More »

Experience

  • Defended health care provider against putative class action claims arising from vendor data security incident in Worcester County Superior Court, Mass. Court granted motion to dismiss for failure to allege cognizable harm.
  • Defended medical imaging company against putative class action claims following ransomware incident in Arizona federal court. Court granted motion to dismiss for lack of Article III standing.
  • Defended health care provider against individual claim over alleged snooping incident involving public exposure of HIV status on Facebook. Case settled following extensive discovery and dispositive motion practice.
  • Defended health insurance provider against putative class action claims following sophisticated cyberattack on computer network systems. Court denied class certification of any Rule 23(b)(3) damages class following extensive discovery and motion practice.
  • Defended health insurance provider against putative class action claims following web server data security incident in Virginia federal court. Case settled followed dispositive motion practice where court held plaintiffs who could not allege identity fraud did not have standing to sue under Article III.
  • Defended health care management company against multidistrict litigation in Alabama federal court following sophisticated cyberattack against computer network systems. Case settled following extensive dispositive motion practice where Court rejected claims against management company under federal Fair Credit Reporting Act.
  • Defended health care provider against putative class action claims in California federal court over alleged website privacy violations. Court held that plaintiffs’ alleged Internet transmissions did not fall within the scope of HIPAA-protected information. Decision affirmed on appeal by the Ninth Circuit Court of Appeals.
  • Defended insurance company against alleged Stored Communications Act claims over downloading of materials from Facebook page during prior litigation between the parties. Case settled following extensive dispositive motion practice.

Recognitions and Memberships

Recognitions

  • Law360
    • MVP in Cybersecurity & Privacy (2021)
    • "Rising Star" in Privacy (2016)

Memberships

  • Federal Bar Association
  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

Pro Bono

  • Argued appeal in the Sixth Circuit on behalf of a Michigan prisoner. The Sixth Circuit reversed the district court decision dismissing the client’s First Amendment retaliation claim.
  • Briefed and argued a Seventh Circuit appeal involving a Section 1983 claim concerning warrantless search, including the filing of a petition for certiorari to the Supreme Court.
  • Represented international law center in filing amicus brief before the Supreme Court regarding the proper interpretation of the habitual residence requirement in the Hague Child Abduction Convention.

Prior Positions

  • Department of Justice: Civil Division, Intern (Summer 2003)
  • Executive Office of the President, White House Office of Presidential Personnel, Deputy Associate Director (January 2001 to May 2002)
  • United States Senator Spencer Abraham, Mailroom Manager (August 1999 to December 2000)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Western District of New York
  • Ohio

Education

  • J.D., Case Western Reserve University School of Law, 2005, magna cum laude, Order of the Coif, Case Western Reserve University Law Review, recipient of Patricia Burgess Public Law Prize for Outstanding Academic Performance in the Field of Public Law
  • B.A., College of Wooster, 1999; Varsity Tennis (1995 to 1999)

Blog

In The Blogs

Previous Next
Data Counsel
David A. Carney Recognized as Cybersecurity & Privacy MVP by Law360
By David A. Carney
September 16, 2021
I’m delighted today to focus on a key player in BakerHostetler’s Digital Assets and Data Management group. David Carney is an exceptional lawyer who is on the cutting edge of privacy litigation in the United States. His work on a series of...
Read More ->
Blockchain Monitor
SEC Doubles Down on Crypto Enforcement
By David A. Carney, Jonathan A. Forman, Adam D. Gale, Teresa Goody Guillén, Michelle N. Tanney
August 10, 2021
In a speech before the Aspen Security Forum on August 3, 2021, Securities and Exchange Commission (“SEC” or “Commission”) Chair Gary Gensler urged lawmakers to provide him with the power to police cryptocurrency trading, referring to it as...
Read More ->
Data Counsel
The Destruction of Privilege and Work Product Protection for Data Breach Investigations?
By Joseph L. Bruemmer, David A. Carney, Casie D. Collignon, Craig A. Hoffman, Thomas E. Hogan, Theodore J. Kobus III, Aleksandra Vold
June 17, 2020
Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships...
Read More ->