Privacy and Data Protection – Critical Infrastructure

Overview

A cybersecurity incident that affects the critical infrastructure system, including energy generation and distribution facilities, transportation, the Web and other information providers, and financial markets and institutions, could undermine the functioning of the global economy and the well-being of the international community. The need for businesses, organizations, and governmental agencies that comprise the critical infrastructure to be compromise ready is extremely urgent, as they present attractive targets to bad actors sponsored by hostile governments or by independent criminal or terrorist groups. In addition, the government is increasingly concerned and has been taking steps to craft a national policy.

Our lawyers regularly advise players in these key industries, as to both preparation for and prevention of incidents and as to compliance with laws and regulations intended to make our critical infrastructure more secure. They also have experience handling the legal fallout from major incidents and emergencies affecting critical infrastructure clients.

Select Experience

  • Represented a Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
  • Represented a multijurisdictional energy infrastructure company, preparing policies and procedures for the rollout of a Bring Your Own Device program.
  • Represented clients participating in U.S. Coast Guard inspections and audits, annual spill drill exercises and tabletop sessions, and management of pipeline spill response actions.
  • Represented a pressure control system manufacturer after a well blowout that killed two members of the energy crew, injured two others, and destroyed the workover rig.
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Experience

  • Represented a Fortune 500 electric and natural gas utility on privacy and data security issues, including Identity Theft Red Flags Rule, Telephone Consumer Protection Act, and Fair Credit Reporting Act compliance, state data security regulations, and incident response.
  • Represented a multijurisdictional energy infrastructure company, preparing policies and procedures for the rollout of a Bring Your Own Device program.
  • Represented clients participating in U.S. Coast Guard inspections and audits, annual spill drill exercises and tabletop sessions, and management of pipeline spill response actions.
  • Represtened a pressure control system manufacturer after a well blowout that killed two members of the energy crew, injured two others, and destroyed the workover rig.
  • Represented the charterer of a tanker involved in an oil spill, including handling emergency response services and representing the client in all spill-related litigation.
  • Represented a pipeline company in claims against a salvage company for damages incurred to the client’s offshore pipeline during a salvage operation.
  • Represented an energy company as co-defendant in a case arising from a chemical plant explosion in Ohio, with a certified class of more than 10,000 neighboring residents alleging personal injury, property damage, real property diminution in value, and evacuation claims.
  • Represented critical infrastructure clients in the oversight of pipeline spill response actions following releases from an underground 12-inch jet fuel pipeline in the Florida Keys and from a train derailment in upstate New York that struck two above-ground 12-inch jet fuel pipelines.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security - Healthcare Spotlight Table (2018)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Blog

In The Blogs

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Data Privacy Monitor
Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA
By James A. Sherer, Nichole L. Sterling
November 26, 2019
The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However...
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Data Privacy Monitor
Refine CCPA Compliance Plan with the Regulations in Mind
November 18, 2019
We previously announced the publication of the first set of proposed regulations that will implement the California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020. Partner Alan Friel has authored an article published...
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Data Privacy Monitor
Children's Privacy Law Updates: Tricks or Treats?
By Carolina A. Alonso
October 31, 2019
It’s finally here! Halloween, the day every kid dreams of for months. It’s a scary time in the world of children’s privacy law – what with the California Consumer Privacy Act (CCPA) lurking around the corner and the specter of FTC...
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Data Privacy Monitor
IAB Releases Draft CCPA Compliance Framework for Digital Advertising Industry
By Kyle R. Fath
October 25, 2019
The Interactive Advertising Bureau (IAB) publicly released its draft CCPA Compliance Framework for Publishers and Technology Companies (“Framework”) on Oct. 22, 2019. As we reported here, the Framework is being developed by the IAB and the...
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Data Privacy Monitor
Summer Is Over – It's CCPA and NV Crunch Time
By Alan L. Friel
September 9, 2019
It is less than 120 days until California’s ground-shifting new privacy regimen – the California Consumer Privacy Act (CCPA) – goes into effect. There is only a week left for the Legislature to pass the handful of amendment bills that...
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