Craig A. Hoffman

Partner

Cincinnati
T +1 513.929.3491  |  F +1 513.929.0303

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Craig Hoffman: Data Security and the Retail Industry
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BakerHostetler's Craig Hoffman discusses credit card breaches EMV, and what retailers should do after an incident.

Craig Hoffman is a leading member of the firm's Chambers USA-ranked privacy and data protection team. He provides proactive counsel on the complex regulatory issues that arise from data collection and use, including customer communications, data analytics, emerging payments, cross-border transfers and security incident response preparedness. He uses his experience as a litigator and work with hundreds of companies facing security incidents to help clients develop a practical approach to meeting their business goals in a way that minimizes regulatory risk. For example, Craig conducts incident response workshops – built upon applicable notification laws and guidelines, "good" and "bad" examples from other incidents, and a tabletop exercise – to prepare companies to respond to security incidents quickly, efficiently and in a manner that complies with applicable law while mitigating risk and preserving customer relationships.

Trusted for his knowledge, experience and client service, Craig is engaged by clients as soon as they learn of a potential data security incident. He immediately begins to work with the client’s internal team and third parties to identify and contain the incident, remediate issues to maintain business operations, and develop information needed to deliver effective public communications designed to preserve customer relationships and minimize the likelihood and consequences of litigation and regulatory investigations. In incidents involving payment card data, Craig works to favorably position clients to face the card networks' revalidation, fines and assessment rules. He also guides clients through informal and formal regulatory investigations brought by state attorneys general and the Federal Trade Commission (FTC). When putative class actions are filed, Craig uses his years of litigation experience and comprehensive knowledge of incident response to ensure that the litigation strategy is consistent with the client's customer relations and regulatory defense efforts. Craig serves as the editor of BakerHostetler's Data Privacy Monitor blog, providing commentary on developments in data privacy, security, social media and behavioral advertising.

Select Experience

Privacy & Data Security Compliance | Information Governance Experience
  • Provides proactive privacy and security advice to emerging companies related to data collection, use, sharing and marketing, as well as to establishing payment systems. Transactions include the purchase of a word-of-mouth marketing company.
  • Conducts incident response workshops.
  • Develops and implements policies, including website and app privacy and terms of use, BYOD, social media, incident response, and information security plans.  

Security Incident Response & Litigation Experience

  • Has led incident response teams for national and international retailers (including  grocers, gaming, eye care, sporting goods, tools and equipment, clothing, cosmetics, restaurants, hospitality, luxury goods, and electronics).following attacks on their card-present and e-commerce payment systems. Engagements involve the following activities: 
    • Overseeing the forensic investigation.
    • Interacting with FBI, Secret Service and other law enforcement officials.
    • Ensuring a response in compliance with state breach notification laws and contractual notice obligations.
    • Managing significant customer relations issues.
    • Responding to state attorneys general and FTC inquiries.
    • Addressing card network fines and assessments.
    • Defending multiple putative class actions.

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Experience

Privacy & Data Security Compliance | Information Governance 
  • Provides proactive privacy and security advice to emerging companies related to data collection, use, sharing and marketing, as well as to establishing payment systems. Transactions include the purchase of a word-of-mouth marketing company.
  • Conducts incident response workshops.
  • Develops and implements policies, including website and app privacy and terms of use, BYOD, social media, incident response, and information security plans.  
  • Prepares entities for U.S.-EU Safe Harbor certification.
  • Consults on emerging payment issues, including assessing tokenization and point-to-point encryption technologies, planning for EMV liability shift, and mobile payments.
  • Provides due diligence and contract drafting to M&A teams, including acquisition of a social media company and payment processing companies.
Security Incident Response & Litigation 
  • Has led incident response teams for national and international retailers (including  grocers, gaming, eye care, sporting goods, tools and equipment, clothing, cosmetics, restaurants, hospitality, luxury goods, and electronics).following attacks on their card-present and e-commerce payment systems. Engagements involve the following activities: 
    • Overseeing the forensic investigation.
    • Interacting with FBI, Secret Service and other law enforcement officials.
    • Ensuring a response in compliance with state breach notification laws and contractual notice obligations.
    • Managing significant customer relations issues.
    • Responding to state attorneys general and FTC inquiries.
    • Addressing card network fines and assessments.
    • Defending multiple putative class actions.
  • Advises technology service providers (including cloud service providers, identity management, data centers and software companies)  on issues relating to product security vulnerabilities.
  • Represents financial institutions, banks and credit unions responding to events of unauthorized access to sensitive customer information. Incidents have included malware infections, network intrusions, denial of service attacks, employee carelessness and malicious employees. Engagements often involve interaction with financial regulatory authorities.
  • Advises companies on investigations related to theft of trade secrets by departing employees.
  • Files and argues appeals of card network fines and assessments against merchants arising from payment card breach incidents.
  • Pursued claims on behalf of buyer against seller for breach of representations and warranties when a cyber-attack that exploited long-standing security deficiencies occurred just after the sale.
  • As member of trial team, pursued delay damages against subcontractor on behalf of commercial developer and general contractor.
  • As member of trial team, obtained $163 million settlement of False Claims Act and fraud claims against pharmacy benefit manager.
CLE/Webinars/Seminars
  • "The Lurking Menace: Cybercrime, Data Security, and Privacy Rights," Money2020 (October 2013)
  • "Examining the Payment Card Industry (PCI) Adjudication Process," Net Diligence CyberWest (October 2013)
  • "Preventing and Responding to Data Security Incidents," State Risk and Insurance Management Association (September 2013)
  • "Preparing for and Mitigating Account Data Compromise Events," Vantiv Partnership Forum (September 2013)
  • "Effective Data Breach Incident Response," Ohio CISO Executive Summit (June 2012)
  • "Network Security and Privacy Law: A Rapidly Developing Liability Landscape," Webinar (March 2012)
  • "Data Security and Cyber Liability Update," LexisNexis Webinar (November 2011)
  • "Are You Ready for a Data Breach?" BakerHostetler CLE (October 2011)

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Media, Technology and Telecoms: Data Protection and Privacy
  • Cybersecurity Docket "Incident Response 30" (2016)
  • Law360 "Rising Star" in Privacy (2015)
  • BTI Client Service All-Star (2016)
  • Ohio Super Lawyers "Rising Star" (2009 to 2012)
  • Dayton Business Journal: "Forty Under 40" (2008)
  • International Association of Privacy Professionals (IAPP): Certified Information Privacy Manager (CIPM)

Memberships

  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association
  • Cincinnati Academy of Leadership for Lawyers: Member of Class XIV (2010)

News

Press Releases

Services

Industries

Prior Positions

  • Law Clerk for the U.S. Department of Labor Administrative Law Judge Thomas F. Phalen

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • Kentucky, 2008
  • Ohio, 2002

Education

  • J.D., University of Cincinnati College of Law, 2002
  • B.A., University of Cincinnati, 1999

Blog

In The Blogs

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Data Privacy Monitor
OCR Issues Alert Regarding Phishing Email Disguised as Official OCR Audit Communication
November 29, 2016
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published an alert on Nov. 28 describing a phishing email being circulated on mock HHS departmental letterhead under the signature of OCR Director Jocelyn...
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Data Privacy Monitor
Digital Currency Exchange Customers Targeted in IRS Information-Gathering Sweep
November 21, 2016
Coinbase, one of the largest digital currency exchange companies in the world, will likely be asked to provide the Internal Revenue Service (IRS) with transactional data and other information on all U.S. customers who used its services...
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Data Privacy Monitor
Six Proposals to Stop IoT-Based DDoS Attacks
November 10, 2016
On Oct. 21, 2016, an extremely large distributed denial-of-service (DDoS) attack on Dyn prevented many internet users on the East Coast of the U.S. from accessing websites such as Netflix, PayPal, Spotify and Twitter for several hours. Dyn...
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Data Privacy Monitor
Cloud Service Providers Beware, You May Be Subject to HIPAA Without Knowing It
November 9, 2016
The use of cloud service providers has exploded in the past several years. According to estimates from Gartner, the market for cloud services is expected to reach $204 billion in 2016. But the use of cloud service providers raises...
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Data Privacy Monitor
Privacy and Security in the Voting Booth
November 8, 2016
Could the presidential election be hacked? With Election Day upon us, concerns about the security of the U.S. election system have reached a fever pitch. But how likely is it that a breach could affect the election? Could hackers really...
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