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.
  • 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.
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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 2019 BTI Client Service 30 for the fifth consecutive year.

Publications

Blog

In The Blogs

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Data Privacy Monitor
Clearly Defined HIPAA and FERPA Policies May Help Covered Entities in Defending a Claim for Unemployment Compensation
By Paulette M. Thomas
February 19, 2019
Recently, in Dantry v. Unemployment Compensation Board of Review, No. 1665 C.D. 2017 (Pa. Cmwlth. 2019), the Commonwealth Court of Pennsylvania reversed the order of the Unemployment Compensation Board of Review (Board) which had affirmed...
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Data Privacy Monitor
Best Cybersecurity Practices for Healthcare Organizations – Loss or Theft of Devices
By Kathryn Carey, Aleksandra Vold
February 18, 2019
This article is part of a series of blog posts exploring the recommendations and guidance Health & Human Services (HHS) provides to healthcare organizations in its Cybersecurity Best Practices report. For previous articles in the series...
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Data Privacy Monitor
Best Cybersecurity Practices for Healthcare Organizations – Ransomware Prevention
By Kathryn Carey, Aleksandra Vold
February 8, 2019
This article is part of a series of blog posts exploring the recommendations and guidance Health & Human Services (HHS) provides to healthcare organizations in its “Cybersecurity Best Practices” report. For previous articles in the series...
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Data Privacy Monitor
Insurance Data Security Model Law Picks Up Steam
By Andreas T. Kaltsounis, Shea M. Leitch
February 6, 2019
Three states recently enacted variations of the National Association of Insurance Commissioner’s (NAIC) Insurance Data Security Model Law (MDL-668), based on the landmark cybersecurity requirements issued by the New York Department of...
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Data Privacy Monitor
What Can We Learn From the Healthcare Data Breach ‘Wall of Shame'?
By Eric A. Packel
February 4, 2019
In addition to dealing with the public outcry and regulatory scrutiny resulting from a healthcare data breach, covered entities under the Health Insurance Portability and Accountability Act (or their business associates) are required to...
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