Patrick H. Haggerty

Partner

Cincinnati
T +1.513.929.3412
F +1.513.929.0303

Overview

Pat Haggerty is a member of the firm’s Chambers USA-ranked Privacy and Data Protection Team. He advises clients involved in security incidents implicating domestic and international laws and regulations. Drawing on his extensive experience representing companies in connection with government investigations and enforcement actions, as well as his experience handling litigation matters, Pat provides companies that have experienced security incidents with business-focused, practical solutions that minimize regulatory and litigation risk. Having handled more than 100 data security incidents across the financial, healthcare and retail industries, Pat works with clients to develop and implement information security compliance programs and incident response plans.

Pat has earned the designation of Certified Information Privacy Manager (CIPM) through the International Association of Privacy Professionals (IAPP).

Select Experience

Privacy and Data Protection
  • Advises clients in the financial, healthcare, and retail sectors in cybersecurity and data breach incidents in the U.S. and abroad.
  • Represents clients in FTC, OCR, and state attorneys general (including multistate taskforce) investigations and enforcement actions for alleged data security and privacy violations.
Commercial Litigation
  • Obtained dismissal on behalf of a foreign country precluding breach of contract and misrepresentation claims in U.S. District Court for the Central District of California based on Foreign Sovereign Immunities Act. Dismissal was affirmed on appeal by U.S. Court of Appeals for Ninth Circuit.
White Collar Defense and Corporate Investigations
  • Represented former senior officer of publicly traded company in connection with investigation by U.S. Securities and Exchange Commission concerning revenue recognition. Agency decided to take no action against the former senior officer after a Wells submission.
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Experience

Privacy and Data Protection
  • Advises clients in the financial, healthcare, and retail sectors in cybersecurity and data breach incidents in the U.S. and abroad.
  • Represents clients in FTC, OCR, and state attorneys general (including multistate taskforce) investigations and enforcement actions for alleged data security and privacy violations. 
  • Advises companies on proactive cybersecurity readiness, including running full-scale tabletop exercises for executives and employees.
  • Represents multiple healthcare entities in breach of patient confidentiality lawsuits in state courts across the U.S.
  • Provides privacy due diligence and contract drafting to M&A teams. 
Commercial Litigation
  • Obtained dismissal on behalf of a foreign country precluding breach of contract and misrepresentation claims in U.S. District Court for the Central District of California based on Foreign Sovereign Immunities Act. Dismissal was affirmed on appeal by U.S. Court of Appeals for Ninth Circuit.
  • Represented board of directors of a public company in breach of fiduciary duty lawsuit brought in U.S. Bankruptcy Court for Eastern District of Virginia. Involved in discovery and extensive motion practice. Matter was settled through mediation.
White Collar Defense and Corporate Investigations
  • Represented former senior officer of publicly traded company in connection with investigation by U.S. Securities and Exchange Commission concerning revenue recognition. Agency decided to take no action against the former senior officer after a Wells submission.
  • Represented oil service provider in joint investigation by U.S. Securities and Exchange Commission and U.S. Department of Justice regarding alleged violations of Foreign Corrupt Practices Act related to conduct allegedly occurring in Kazakhstan, Nigeria and Angola. Obtained settlement in which DOJ agreed to take no action against company and company agreed to pay minimal fine to SEC.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2017)
    • Recommended in Cyber law (including data protection and privacy)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association 
  • Cincinnati Academy of Leadership for Lawyers: Member of Class XX (2016) 
  • International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Manager (CIPM)
    • Cincinnati IAPP KnowledgeNet: Co-Chair
  • Potter Stewart American Inn of Court

Pro Bono

  • Represented former prisoner in Federal Tort Claims Act lawsuit against the United States brought in U.S. District Court for the District of Columbia.
  • Represented widower in Social Security benefits matter before an administrative law judge.
  • Co-authored two amicus briefs filed with the Supreme Court of the United States.

Prior Positions

  • Law Clerk to the Honorable Thomas M. Reavley, U.S. Court of Appeals for the Fifth Circuit
  • Law Clerk to the Honorable Leonard Davis, U.S. District Court of the Eastern District of Texas 

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, District of Columbia
  • Ohio
  • Kentucky

Education

  • J.D., University of Cincinnati College of Law, 2002, Frank S. Rowley Scholarship; Dean's Honors List; Editor-in-Chief, University of Cincinnati Law Review
  • B.S., Business and Economics, University of Kentucky, 1999, Dean's List

Blog

In The Blogs

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Data Privacy Monitor
European Court Provides Further Clarity on Employee Monitoring
By Emily R. Fedeles, Nichole L. Sterling
September 20, 2017
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Barbulescu...
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Data Privacy Monitor
Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions
By Emily R. Fedeles, Melinda L. McLellan
September 12, 2017
On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of...
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Data Privacy Monitor
Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest Enforcement Actions
By Alan L. Friel
August 28, 2017
Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with the online...
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Data Privacy Monitor
Deeper Dive: Beware of Paper Records
By Patrick H. Haggerty
April 18, 2016
BakerHostetler’s 2016 Data Security Incident Response Report reveals a number of interesting incident response trends: the range of incident causes is broad, all industries are affected, detection capabilities need to improve, it is...
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Data Privacy Monitor
FCC’s Growing Privacy and Data Security Enforcement
By Patrick H. Haggerty
December 8, 2015
The Federal Communications Commission (FCC) has had a busy 2015, and its presence in the data security regulatory enforcement space will likely continue to grow. Last year, the FCC named Travis LeBlanc as chief of the Enforcement Bureau...
Read More ->