Privacy and Data Protection

Overview

"A collection of very smart and conscientious lawyers who think things through in a very meticulous way."

– Chambers USA 2015

Privacy and data security are enterprise-wide issues that impact nearly every area of a company’s operations. ­Clients of our ranked and award-winning BakerHostetler Privacy and Data Protection team count on us to continue to learn, grow and adapt to meet their needs in this constantly evolving area. Our core team of attorneys are not generalists, but rather focus on serving specific industries or issues so that we can deliver practical and service-oriented counseling.

We serve clients from all tiers of the Fortune 500, as well as health systems, universities, small and midsize businesses, emerging technology companies, and state and municipal entities. Our team members are located in key cities across the United States and have global reach by maintaining strategic partnerships with lawyers, security firms and risk management companies around the world.

Where does our competitive difference come from? It is our experience and our approach. Our attorneys are on-site at client locations hundreds of days a year proactively training incident response teams, conducting security and risk assessments, working through incidents, advising executive leadership teams and boards, preparing witnesses for depositions and regulatory investigations, and providing advice on new initiatives and transactions. We lead clients through the response to hundreds of potential security incidents a year. We respond to dozens of regulatory inquiries and defend dozens of lawsuits. Insights generated from our experience in incident response are set forth in our annual BakerHostetler Data Security Incident Response Report.

In a practice area where experience truly matters and clients expect efficient, tailored and clear advice, our depth of experience is difficult to match. We deliver comprehensive and trusted guidance across six key areas of service:

Deep Experience, Comprehensive Service >>

Industry Focus

We work with clients across a broad range of industries and have particular experience with the following:

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Recognition

Chambers USA ranks us in its 2016 edition, recognizing our “standout breach response practice” and “wide-ranging compliance advice.” According to the guide, clients say we are “super responsive, cost-efficient and don’t over-staff matters, which [they] appreciate.” And they note that we are “a very good law firm and I have enjoyed working with them.” Clients tell Chambers that our team’s national leader, Ted Kobus, is “one of the best around and has a great and expanding team.” Chambers also nominated us with a select group of firms for a 2015 Chambers USA Award as “Privacy and Data Security Team of the Year” for our outstanding work, strategic growth and client service excellence.

Law360 recognized our team as one of the nation’s best practices when it selected us as one of its Practice Groups of the Year for Privacy in three consecutive years: 2013, 2014 and 2015. In addition, Law360 selected partner Craig Hoffman as one of three 2015 Privacy Rising Stars and partner David Carney as a rising star in 2015 for Privacy Litigation. Our team’s leader, Ted Kobus, was named a Law360 MVP for Privacy and Consumer Protection in 2013, and our Class Action Defense team leader, Paul Karlsgodt, was named a Law360 MVP for Privacy and Consumer Protection in 2014 and 2015.

The Legal 500 included our team as one of the top practices in cyber law and data protection and privacy, noting that “the well-regarded Theodore Kobus leads BakerHostetler’s team and is recommended for his ‘attentiveness, knowledge of the regulators and ability to provide guidance through all stages of an incident, from discovery to litigation – and everything in between.’ Craig Hoffman’s knowledge of the payment card industry is ‘incredible’ and overall the team is praised for its ability to ‘offer immediate and practical advice, including from the most senior partners on the team.’”

Select Experience

  • Defending a major casual dining restaurant chain with more than 400 locations and franchises around the world in a class action brought under the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs allege employee fingerprints were improperly collected and stored.
  • Representing a leading worldwide consumer credit reporting agency regarding payment card exposure issues following a massive data breach.
  • Advising an international hotel chain after a payment card security incident that affected more than 300 properties worldwide.
  • Defending an auto company in a consumer class action involving potential violations of the Telephone Consumer Protection Acts.
  • Advising a leading United States airline and the world’s largest low-cost carrier regarding the potential effect of the General Data Protection Regulation (GDPR) on European ticket purchasers.
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Professionals

Name Title Office Email
Associate Los Angeles
Associate New York
Staff Attorney New York
Associate Cincinnati
Partner New York
Associate Philadelphia
Associate Houston
Partner Orlando
Associate Houston
Partner Cleveland
Partner Los Angeles
Partner Denver
Of Counsel Washington, D.C.
Counsel Houston
Associate Cincinnati
Counsel Atlanta
Associate New York
Associate New York
Partner New York
Partner Atlanta
Partner Los Angeles
Partner Seattle
Partner Cleveland
Partner New York
Associate Philadelphia
Counsel New York
Partner Chicago
Partner Cincinnati
Associate Cincinnati
Associate Denver
Partner Cincinnati
Partner Washington, D.C.
Partner Seattle
Partner Denver
Partner Cleveland
Partner New York
Counsel Los Angeles
Partner New York
Partner New York
Partner Cleveland
Partner Philadelphia
Partner New York
Partner Cleveland
Partner Houston
Partner New York
Associate Cleveland
Partner Cleveland
Associate Washington, D.C.
Counsel Cincinnati
Associate Denver
Partner Washington, D.C.
Partner Cleveland
Partner Houston

Experience

  • Defending a major casual dining restaurant chain with more than 400 locations and franchises around the world in a class action brought under the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs allege employee fingerprints were improperly collected and stored.
  • Representing a leading worldwide consumer credit reporting agency regarding payment card exposure issues following a massive data breach.
  • Advising an international hotel chain after a payment card security incident that affected more than 300 properties worldwide.
  • Defending an auto company in a consumer class action involving potential violations of the Telephone Consumer Protection Acts.
  • Advising a leading United States airline and the world’s largest low-cost carrier regarding the potential effect of the General Data Protection Regulation (GDPR) on European ticket purchasers.
  • Advising a casual dining restaurant chain based in the United States and with operations worldwide, on GDPR issues in connection with potential expansion to United Kingdom.
  • Representing an American movie theater chain in an investigation by the Office of the Attorney General of the State of New York involving a mobile application that was potentially vulnerable to eavesdropping, which could have resulted in user information being intercepted, viewed or modified.
  • Secured complete dismissal in putative class action alleging Cleveland Clinic Foundation and MD Anderson Cancer Center violated state and federal laws by transmitting information about consumers’ browsing history to Facebook. Handled incident response and regulatory and class action defense for Premera Blue Cross, after the largest cybersecurity incident involving medical information ever reported.
  • Represented Schnuck Markets in all matters arising from a cybersecurity breach involving as many as 2.4 million credit cards. We obtained a declaration from the Missouri Attorney General that Schnuck did not violate any data security laws, are defending Schnuck in multiple class actions and have sued Schnuck’s acquiring bank and payment processor to enforce the merchant services agreement.
  • On behalf of Eisenhower Medical Center, obtained a favorable ruling from the California Courts of Appeal that patient index data is not “medical information” as defined under the California Confidentiality of Medical Information Act (CMIA), after a theft of computers containing index data for more than 500,000 patients. Plaintiffs subsequently withdrew their lawsuit, with no payment by the medical center.

Recognition

  • Chambers Global: Privacy & Data Protection (USA) (2014 to 2017)
  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2017)
    • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • The Legal 500 United States (2016)
    • Media, Technology and Telecoms: Cyber law
    • Media, Technology and Telecoms: Data protection and privacy
  • Law 360: Privacy "Practice Group of the Year" (2013 to 2015)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

News

News

Press Releases

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
Blockchain – The Future of Digital Identity?
December 13, 2017
Government agencies, prominent tech companies, startups and newly-created foundations are all working to develop a new paradigm for proof of identity based on blockchain technology. Known as “digital identity,” “decentralized identity,” or...
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Data Privacy Monitor
Bringing Geolocation Into Focus
December 1, 2017
With another Thanksgiving and another Black Friday having come and gone the holiday shopping season is in full swing yet again. As brick-and-mortar retail continues to experience a decline in favor of more convenient ecommerce options...
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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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