Digital Assets and Data Management

Overview

“Our experience has been tremendous. The individual lawyers are no different than the firm as a whole. We always receive timely responses. We always receive thoughtful and practical advice. The lawyers at BakerHostetler treat our issues with the same level of diligence no matter the sophistication of the request.”

Chambers USA 2023

Data is king – partnerships are gold – and BakerHostetler has been recognized as a powerhouse in this space.

BakerHostetler formed the Digital Assets and Data Management Practice Group (DADM Group) to mirror how our clients do business. Leveraging data and technology is a priority for most entities. We have united key service offerings and technologists to address all the risks associated with an entity’s digital assets. Our clients are collecting data and then utilizing advanced technology to transform their products and services. Doing this creates enterprise risk. Our practice group works with our clients through the life cycle of data – privacy, security, marketing and advertising, transactions, and emerging technology – within an organization.

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Our Group was named a 2020-2021 “Pacesetter” in Cybersecurity Services by ALM Intelligence Pacesetter Research, an independent research group focused on professional services. BakerHostetler is the only law firm to achieve Pacesetter status, as ALM researchers noted that the firm “goes to market with a business-led approach to information security that positions data as a critical asset of today’s digital enterprise.” The firm was also one of four law firms named “Market Leaders” in the report.

We were also recognized as a “Powerhouse” by BTI Consulting’s Cybersecurity & Data Privacy 2020 Report and have been named one of BTI’s “Cybersavvy 16,” a nationwide list of the top legal practices in this arena.

Our experience and approach enable effective global digital risk management (and are our competitive differentiators). Our attorneys are on-site at client locations hundreds of days a year doing the small and large things necessary to meet our clients’ needs and help them accomplish their goals: conducting training, doing claims audit and substantiation, leading proactive security and risk assessments, working through security and compliance incidents, advising executive leadership teams and boards, preparing witnesses for depositions and regulatory investigations, and providing advice on new initiatives and transactions.

We serve some of the largest names in retail, healthcare, hospitality, education and financial services. We also work on small and midsized matters, and these are often the matters that expose us to new trends and risks. Our technologists analyze key data from our matters to help us identify trends, develop insights and build custom tools to enable digital transformation efforts. The depth and breadth of our group’s experience are unmatched and position us to advise clients on all aspects of managing data and digital assets.

The DADM Group was built from the successes of our highly regarded Data Privacy and Advertising teams, which are ranked by Chambers, Chambers Global and Legal 500. Our lawyers have also been recognized by Law360, Financial Times Innovative Lawyers and American Lawyer Media for being trailblazers in this space. Indeed, our annual Data Security Incident Response Report is a go-to resource, and the compromise intelligence gained from the work associated with the Report enables us to inform our clients so they can make healthy risk-based decisions affecting various segments of their operations. Additionally, the firm’s innovative R&D team, IncuBaker, is included in this group to help lawyers and clients navigate the intersection of digital business, emerging technology and law.

Select Experience

  • The Advertising, Privacy Governance and Technology Transactions, Digital Risk and Cybersecurity teams provide seamless overall counseling to global consumer products and retailers, helping the companies navigate the supporting of advertising claims, evolving loyalty and subscription programs, and CCPA compliance. The coordination of such work has never been more important as companies grapple with how lawfully to collect, protect and use valuable consumer data.
  • We served as incident response and post-disclosure counsel for Marriott Hotels regarding the Starwood Hotels guest record security incident disclosed in 2018. We also are defending Marriott in multidistrict litigation against claims brought by individuals, banks and cities.
  • All seven of our teams have supported a multinational grocer, including advised on CCPA compliance, conducting an advertising and digital media boot camp, providing counsel regarding e-commerce and cybersecurity and handling legal issues related to the response, notification and litigation arising from a payment card security incident.
  • We advised a large specialized research and treatment center on healthcare compliance, including the use of de-identified protected health information for research purposes.
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Professionals

Name Title Office Email
Associate Atlanta
Associate San Francisco
Associate New York
Partner Atlanta
Associate Denver
Associate New York
Associate San Francisco
Associate Cleveland
Associate Los Angeles
Partner Costa Mesa
Associate New York
Partner New York
Partner Atlanta
Associate Cleveland
Partner Cincinnati
Associate Cincinnati
Partner Cleveland
Partner Cleveland
Partner Dallas
Counsel Dallas
Partner Los Angeles
Counsel Atlanta
Associate Dallas
Counsel New York
Partner Denver
Partner Atlanta
Associate Houston
Counsel Washington, D.C.
Counsel Atlanta
Associate Denver
Partner Atlanta
Associate Cleveland
Partner Chicago
Counsel Cincinnati
Partner Atlanta
Associate New York
Associate Washington, D.C.
Associate Cincinnati
Counsel Seattle
Associate Denver
Counsel New York
Partner New York
Associate Chicago
Associate Washington, D.C.
Associate Philadelphia
Partner New York
Partner Atlanta
Partner Cleveland
Partner New York
Partner Philadelphia
Partner Denver
Partner New York
Counsel Chicago
Partner Washington, D.C.
Partner Houston
Associate Atlanta
Partner Chicago
Associate Atlanta
Partner Cincinnati
Partner Columbus
Counsel Seattle
Partner Cincinnati
Associate Houston
Partner Cincinnati
Partner Atlanta
Partner Cleveland
Partner Atlanta
Associate Atlanta
Associate Washington, D.C.
Partner Chicago
Associate Chicago
Partner Seattle
Partner Denver
Partner Washington, D.C.
Associate Dallas
Partner Washington, D.C.
Associate New York
Partner New York
Partner Los Angeles
Associate Atlanta
Associate Atlanta
Associate Chicago
Partner Columbus
Associate Chicago
Associate Houston
Chief Information Officer
Chief Information Officer Cincinnati
Counsel Washington, D.C.
Associate San Francisco
Partner Philadelphia
Counsel Costa Mesa
Partner New York
Partner Cleveland
Partner Los Angeles
Associate Cleveland
Partner San Francisco
Partner Seattle
Partner Washington, D.C.
Partner Cleveland
Partner Chicago
Associate Cleveland
Partner Philadelphia
Partner Costa Mesa
Associate Chicago
Partner Cleveland
Associate Los Angeles
Associate Houston
Partner Philadelphia
Associate Los Angeles
Associate Washington, D.C.
Partner Washington, D.C.
Associate Houston
Partner San Francisco
Partner Houston
Partner Washington, D.C.
Partner New York
Partner Philadelphia
Partner Cleveland
Partner Orlando
Partner Cleveland
Partner Houston
Partner New York
Associate Cincinnati
Partner Cincinnati
Associate Denver
Associate Houston
Partner Cleveland
Partner Chicago
Associate Seattle
Counsel Philadelphia
Partner Cleveland
Partner New York
Associate Philadelphia
Partner Atlanta
Partner Houston
Associate Washington, D.C.
Partner Los Angeles
Associate Los Angeles

Experience

  • The Advertising, Privacy Governance and Technology Transactions, Digital Risk and Cybersecurity teams provide seamless overall counseling to global consumer products and retailers, helping the companies navigate the supporting of advertising claims, evolving loyalty and subscription programs, and CCPA compliance. The coordination of such work has never been more important as companies grapple with how lawfully to collect, protect and use valuable consumer data.
  • We served as incident response and post-disclosure counsel for Marriott Hotels regarding the Starwood Hotels guest record security incident disclosed in 2018. We also are defending Marriott in multidistrict litigation against claims brought by individuals, banks and cities.
  • All seven of our teams have supported a multinational grocer, including advised on CCPA compliance, conducting an advertising and digital media boot camp, providing counsel regarding e-commerce and cybersecurity and handling legal issues related to the response, notification and litigation arising from a payment card security incident.
  • We advised a large specialized research and treatment center on healthcare compliance, including the use of de-identified protected health information for research purposes.
  • Multiple DADM Group teams combined to provide services to a multi-brand restaurant company with thousands of locations. Our work included data security incident response; incident response training and tabletop exercises; extensive technology contract negotiations to support integration of new brands into the multi-brand concept; guidance regarding implementation of secure payment technology and mobile payment applications; and acquisition-related due diligence and security assessments.
  • We represent an alliance of multinational corporations in connection with a partnership with IBM Watson Health and other analytics providers. This partnership harnesses the power of IBM’s artificial intelligence capabilities and other provider services through the collection and analysis of health data to improve health outcomes for employees and to reduce healthcare costs for member companies.
  • Our Digital Risk Class Action and Litigation team defeated certification of a putative class action brought against a large regional discount retailer on behalf of banks that issued payment cards affected by the retailer’s 2015 data breach. The plaintiffs attempted to certify a class of about 2,500 banks, arguing that the retailer was negligent in its failure to maintain adequate cybersecurity, leading to damages including actual fraud losses, card reissuance costs and lost revenue from the potential compromise of more than 1 million payment cards. Through significant fact discovery, the team developed a solid factual record to oppose class certification.
  • We advised an international fast food chain regarding the use of a new blockchain tool to tokenize and distribute sensitive data, including an analysis of the technology against laws providing safe harbors for encryption in the event of a security incident.

Recognition

  • Selected as a 2020-2021 “Pacesetter” in Cybersecurity Services by ALM Intelligence Pacesetter Research
  • BTI Powerhouse for Cybersecurity Litigation (2022)
  • BTI Cybersecurity Powerhouse (2020)
  • BTI CyberSavvy Law Firm (2020)
  • Chambers Global
    • Privacy & Data Security: The Elite (USA) (2022)
    • Privacy & Data Security (USA) (2014 to 2021)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2022)
  • Chambers Fintech
    • o Legal – USA (2018 to 2023)
    • Legal – Blockchain & Cryptocurrencies (2023)
    • Legal – Data Protection & Cyber Security (2023)
  • Chambers USA
    • Advertising: NAD Proceedings – Nationwide (2022)
    • Advertising: Transactional & Regulatory – Nationwide (2018 to 2022)
    • Privacy & Data Security: The Elite – Nationwide (2021-2022)
    • Privacy & Data Security – Nationwide (2013 to 2020)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2022)
  • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • The Legal 500 United States
    • Media, Technology and Telecoms: Advertising and Marketing: Transactional and Regulatory (2018 to 2022)
    • Media, Technology and Telecoms: Cyber law (including data privacy and data protection) (2021-2022)
    • Media, Technology and Telecoms: Cyber Law (2016 to 2020)
    • Media, Technology and Telecoms: Data Privacy and Data Protection (2016 to 2020)
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)
  • Selected for Vault’s Guide to Legal Practice Areas
    • Privacy and Data Security (2017 to 2021)

News

News

Press Releases

Publications

Alerts

Articles

Podcasts

Blog Posts

Key Contacts

Blog

In The Blogs

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Data Counsel
For Educational Institutions, Post-Ransomware Harassment Requires A+ Messaging
By Pierce T. Cox, Benjamin D. Wanger
February 3, 2023
Educational institutions have not been excluded from the ransomware epidemic, and stakeholder communications are critical to an effective response. In a typical double-extortion ransomware attack, threat actors demand that victims pay a...
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Data Counsel
Welcome Counsel Andrew Epstein to the DADM Group
By Andrew Epstein, Theodore J. Kobus III
February 2, 2023
We are excited to welcome new Counsel Andrew Epstein to our Digital Assets and Data Management Group. Andrew joins our Digital Risk Advisory and Cybersecurity team and works out of our Seattle office. Andrew joins us most recently from...
Read More ->
Data Counsel
Illinois Supreme Court: 5-Year Statute of Limitations for BIPA Claims
By Bonnie Keane DelGobbo, Joel Griswold, Amy L. Lenz
February 2, 2023
Earlier today, the Illinois Supreme Court issued a decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, in which the court held that a five-year statute of limitations applies to all claims arising under the Illinois Biometric...
Read More ->
Blockchain Monitor
Crypto Market Data Published; Digital Assets RFI Issued; BIS Addresses DeFi; NY DFS Issues Crypto Guidance; SEC Brings Crypto Actions; FBI Addresses Hacks
By Lauren Bass, Teresa Goody Guillén, Amos Kim, Christopher W. Lamb, Robert A. Musiala Jr., Veronica Reynolds, Joanna F. Wasick
January 27, 2023
In this issue: Reports Address Crypto Ownership, Stablecoins and Dapp Adoption By Amos Kim Recent reports provide new data on various areas of the digital asset market. In one report, a survey published by a cryptocurrency trading platform...
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AD-ttorneys Law Blog
Is It Just a Puff?
By Randal M. Shaheen
January 26, 2023
My family knows that I get grumpy if we get to the theater after the previews have started, as previews are among my favorite parts of the in-theater versus stream-from-home experience. Yet many moviegoers may feel that the trailer didn’t...
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