Theodore J. Kobus III

Partner

New York
T +1.212.271.1504
F +1.212.589.4201

"Ted 'is considered to be an industry expert' in cybersecurity and the wider field of data protection. He is 'very insightful and passionate about what he does'."

— Chambers USA 2020

Overview

Ted Kobus stands at the forefront of cyber protection -- no small role in an era defined by crippling data breaches and daily digital threats. He has earned authority in the areas of privacy, data security and cybersecurity, leading clients to entrust him with more than 6,000 data breach responses. Businesses, government and other organizations turn to Ted for sound advice on compliance, developing response strategies, breaches implicating domestic and international laws, and defense of both class action litigation and regulatory actions. Notably, he has developed key relationships with the U.S. Department of Justice (DOJ), where he and his team have helped to establish protocols to protect corporate victims following a data breach. He knows the most proactive regulators involved in this space and interacts with them regularly.

Ted has led the defense to hundreds of regulatory investigations, including those brought by the Attorney General Multi-State, Department of Health and Human Services Office for Civil Rights, Departments of Insurance, SEC and FTC. In the healthcare space, Ted has defended more than 200 OCR investigations and has negotiated more privacy/security-related resolution agreements than any other lawyer.

Ted is consistently ranked in Chambers USA: America's Leading Lawyers for Business, and he is one of only a handful of attorneys nationwide named an MVP by Law360 for Privacy and Consumer Protection. He is a regular contributor to BakerHostetler's Data Counsel blog, and he frequently speaks at major industry events regarding data breach response, risk management and litigation issues affecting privacy. Ted has spoken at the National Association of Attorneys General on data security issues in a closed session, as well as the National Security Cyber Specialist’s Training Conference organized by the DOJ.

Ted is the firmwide chair of BakerHostetler’s Digital Assets and Data Management Group and a member of the firm’s Policy Committee.

Select Experience

  • Led the breach response, regulatory defense and class action defense of a massive credit card breach on behalf of a large, privately held retailer. Guided the client through the initial investigation of a criminal attack and a payment processing network, including the engagement of a forensics team and collaboration with government entities to pursue the attackers. Led the defense against six putative class actions, a single plaintiff lawsuit and inquiries from state attorneys general and the Federal Trade Commission, convincing the regulator not only to close the investigation against the client but to establish the client as a victim in the breach. Developed a strategic plan to defend against lawsuits and actions filed in six different state and federal jurisdictions and negotiated settlements with putative plaintiffs. Continues to defend the client against demands by issuing banks alleging losses related to fraudulent charges and card reissuance costs, and provides guidance to the client regarding obligations held to the payment processor under specific regulations.

  • Leads an engagement with a health system providing advice on breach analysis, notification obligations, crisis management, investigation of incident and regulatory compliance following the theft of computers containing information of approximately 4 million patients. Coordinates the breach investigation, including a forensics team, and leads the breach response, crisis management and the notification of all patients and physicians affected. Leads the post-breach response as well, involving the resolution of patient complaints and regulatory investigations. Assisting and advising the client in responses to investigations initiated by government agencies. Has led the response to nearly half of the 12 largest Health Insurance Portability and Accountability Act breaches announced to date.

  • Led the response efforts to approximately 50 percent of the top 10 healthcare breaches reported to date. Ted represents some of the largest health systems, as well as several of the most highly regarded academic medical centers. He has defended more than 200 investigations brought by all regional offices of the Department of Health and Human Services Office for Civil Rights. He and his team have negotiated more than 10 resolution agreements.

More »

Experience

  • Led the breach response, regulatory defense and class action defense of a massive credit card breach on behalf of a large, privately held retailer. Guided the client through the initial investigation of a criminal attack and a payment processing network, including the engagement of a forensics team and collaboration with government entities to pursue the attackers. Led the defense against six putative class actions, a single plaintiff lawsuit and inquiries from state attorneys general and the Federal Trade Commission, convincing the regulator not only to close the investigation against the client but to establish the client as a victim in the breach. Developed a strategic plan to defend against lawsuits and actions filed in six different state and federal jurisdictions and negotiated settlements with putative plaintiffs. Continues to defend the client against demands by issuing banks alleging losses related to fraudulent charges and card reissuance costs, and provides guidance to the client regarding obligations held to the payment processor under specific regulations.

  • Leads an engagement with a health system providing advice on breach analysis, notification obligations, crisis management, investigation of incident and regulatory compliance following the theft of computers containing information of approximately 4 million patients. Coordinates the breach investigation, including a forensics team, and leads the breach response, crisis management and the notification of all patients and physicians affected. Leads the post-breach response as well, involving the resolution of patient complaints and regulatory investigations. Assisting and advising the client in responses to investigations initiated by government agencies. Has led the response to nearly half of the 12 largest Health Insurance Portability and Accountability Act breaches announced to date.

  • Led the response efforts to approximately 50 percent of the top 10 healthcare breaches reported to date. Ted represents some of the largest health systems, as well as several of the most highly regarded academic medical centers. He has defended more than 200 investigations brought by all regional offices of the Department of Health and Human Services Office for Civil Rights. He and his team have negotiated more than 10 resolution agreements.

  • Defending several Civil Investigative Demands brought by state attorneys general regarding a client's data security practices and compliance with federal and state laws. He and his team have negotiated more than 15 settlements.

  • Represented a financial institution following the discovery of malicious software on an employee workstation computer possibly capturing confidential customer information. Coordinating the breach investigation, response strategy and post-breach response, including the resolution of customer complaints and defense of the investigation by banking regulators.

  • Working with global companies regarding cybersecurity preparation, including facilitating tabletop exercises and developing incident response plans. Ted has conducted breach preparation exercises in various countries outside of the U.S. to address international issues.

Recognitions and Memberships

Recognitions

  • Chambers Global: Privacy & Data Security (USA) (2014 to 2020)
    • Band 2 (2018 to 2020), Band 3 (2014 to 2017)
  • Chambers USA: Nationwide Privacy and Data Security (2013 to 2020)
    • Band 2 (2017 to 2020), Band 3 (2013 to 2016)
  • The Legal 500 United States (2016 to 2020)
    • Leading Lawyer in in Media, Technology and Telecoms: Cyber law (including data privacy and protection) (2019 to 2020)
    • Recommended in Media, Technology and Telecoms: Cyber law (including data privacy and protection) (2016 to 2018)
  • New York Metro "Super Lawyer" (2018 to 2019)
  • National Law Journal "Cybersecurity Trailblazer" (2016)
  • Cybersecurity Docket "Incident Response 30" (2016, 2019 to 2020)
  • The Best Lawyers in America© (2016 to Present)
    • New York: Privacy and Data Security Law
  • Law360: MVP in Privacy & Consumer Protection (2013)
  • Certified Information Privacy Manager

News

News

Press Releases

Admissions

  • U.S. Court of Appeals, Federal Circuit, 2002
  • U.S. Court of Appeals, Third Circuit, 2002
  • U.S. District Court, District of Colorado, 2009
  • U.S. District Court, Middle District of Pennsylvania, 2004
  • U.S. District Court, Western District of Pennsylvania, 1998
  • U.S. District Court, Eastern District of Pennsylvania, 1995
  • U.S. District Court, District of New Jersey, 1995
  • Pennsylvania
  • New York

Education

  • J.D., Widener University School of Law, 1994, cum laude
  • B.S., Purdue University, 1987

Blog

In The Blogs

Previous Next
Data Counsel
Was OFAC's Advisory an October Surprise or More of the Same?
By Lee A. Casey, Theodore J. Kobus III, Barbara D. Linney
October 3, 2020
Ransomware has hit pandemic proportions and there does not seem to be a clear end in sight. On October 1, 2020, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding ransom payments and the...
Read More ->
Data Counsel
The Destruction of Privilege and Work Product Protection for Data Breach Investigations?
By Joseph L. Bruemmer, David A. Carney, Casie D. Collignon, Craig A. Hoffman, Thomas E. Hogan, Theodore J. Kobus III, Aleksandra Vold
June 17, 2020
Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships...
Read More ->
Data Counsel
Welcome to Data Counsel
By Theodore J. Kobus III
June 14, 2020
Dear Friends, In January, we announced the creation of the firm’s 6th practice group—Digital Assets and Data Management. Since September 2010, members of our group have been covering privacy and security topics through our Data Privacy...
Read More ->
Data Counsel
Sixth Annual Data Security Incident Response Report Released – Managing Enterprise Risks and Leveraging Data in a Digital World
By Theodore J. Kobus III
April 30, 2020
We are excited to present our sixth Data Security Incident Response Report (DSIR). We hope this issue finds you safe and healthy while working from home (WFH). Each year, we talk about last year’s trends and where we think the current year...
Read More ->
Data Counsel
Meeting Client Needs: Our New Digital Transformation and Data Economy Team
By Janine Anthony Bowen, Theodore J. Kobus III, Chad A. Rutkowski, Jeewon K. Serrato
April 27, 2020
I am excited to announce the seventh practice team under our Digital Assets and Data Management (DADM) Practice Group. By focusing on capitalizing on innovations that maximize IP, data, and technology, this team advises on optimal...
Read More ->