David A. Carney

Partner

Cleveland
T +1.216.861.7634
F +1.216.696.0740

Overview

David Carney is a member of BakerHostetler’s Privacy and Digital Risk Class Action and Litigation team. He has defended clients against all types of privacy disputes, ranging from individual litigation and pre-suit demands, to multi-district class action lawsuits arising from some of the largest data security incidents in history. He was one of three attorneys named as a Law360 Rising Star for Privacy in 2016 and has a particular emphasis in counseling clients with respect to privacy disputes arising under the Health Insurance Portability and Accountability Act (HIPAA).  

Select Experience

  • Defended healthcare providers in Illinois and Tennessee against consolidated class action litigation arising from data security incidents potentially affecting millions of records containing protected health information. Motions to dismiss were successful in limiting the scope of any potential liability in the cases, including in decisions affirmed by two different appellate courts.
  • Defended health insurance companies against multiple consolidated class action lawsuits arising from two of the largest data security incidents affecting the health insurance industry in history. Cases have involved numerous corporate, expert and named plaintiff depositions. Briefed class certification opposition briefs in both cases, including expert testimony over alleged injuries from data security incidents.
  • Represented numerous healthcare providers and third-party vendors in connection with individual litigation and pre-litigation demands involving the alleged disclosure of confidential medical information and/or financial information, either through a data security incident or by an employee. Disputes have been resolved either through independent negotiations or mediation or both.
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Experience

  • Defended healthcare providers in Illinois and Tennessee against consolidated class action litigation arising from data security incidents potentially affecting millions of records containing protected health information. Motions to dismiss were successful in limiting the scope of any potential liability in the cases, including in decisions affirmed by two different appellate courts.
  • Defended health insurance companies against multiple consolidated class action lawsuits arising from two of the largest data security incidents affecting the health insurance industry in history. Cases have involved numerous corporate, expert and named plaintiff depositions. Briefed class certification opposition briefs in both cases, including expert testimony over alleged injuries from data security incidents.
  • Represented numerous healthcare providers and third-party vendors in connection with individual litigation and pre-litigation demands involving the alleged disclosure of confidential medical information and/or financial information, either through a data security incident or by an employee. Disputes have been resolved either through independent negotiations or mediation or both.
  • Defended healthcare provider against claim involving the alleged wrongful disclosure of protected health information through social media links on websites. The court granted our motion to dismiss based in part on the holding that the referrer headers in plaintiffs’ complaint did not contain protected health information.
  • Represented global automobile manufacturer in employment discrimination and hybrid Section 301 Labor Management Relations Act appeals before the Sixth Circuit. Both district court decisions awarding summary judgment were affirmed on appeal.
  • Defended national bank against alleged imprudent investment claims for allowing employees to invest in artificially inflated company stock. Believed to be the first Employee Retirement Income Security Act stock-drop case dismissed on its merits for failure to adequately plead loss causation. The decision was affirmed by the Sixth Circuit on appeal.
  • Part of a litigation team that defended an Ohio teleservices company against a challenge to First Amendment-protected charitable solicitation speech. The case was settled following a briefing on dispositive motions and class certification issues.
  • Represented global aircraft parts manufacturer in connection with multimillion-dollar dispute over earn-out provision contained in acquisition agreement. Case settled following a briefing on summary judgment.
  • Defended insurance company against privacy claims related to the alleged unauthorized viewing of an adversary’s Facebook page in prior litigation. Case settled following dispositive motion briefing practice.
  • Represented national bank in an appeal from an adverse $40 million unfair competition judgment in Hawaii. The appeal raised issues regarding statutory standing under the state’s unfair competition law and the validity of the jury’s damages award based on the special verdict form. Case settled following briefing on appeal.

Recognitions and Memberships

Recognitions

  • Law360 "Rising Star" in Privacy (2016)

Memberships

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

Community

  • ARTneo: Board of Directors
  • Rocky River Presbyterian Church: Deacon

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, 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, 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

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Data Privacy Monitor
Entering the '20s – A New Era for Data Breach Class Actions?
By David A. Carney, Casie D. Collignon, Paul G. Karlsgodt, Christopher A. Wiech
February 21, 2020
As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way data breach class...
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