Craig A. Hoffman

Partner

Cincinnati
T +1.513.929.3491
F +1.513.929.0303

Overview

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.
More »

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
  • “Be Compromise Ready: Go Back to the Basics.” BakerHostetler webinar (May 2017)
  • “Emerging Litigation Matters, Mitigating Risk as In-House Counsel,” Grange Audubon Society (October 2016)
  • "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 and Memberships

Recognitions

  • Chambers USA: Recognized Practitioner: Nationwide Privacy & Data Security (2017)
  • The Legal 500 United States
    • Recommended in Cyber law (including data protection and privacy) (2017)
    • Recommended in Data Protection and Privacy (2016)
  • Cybersecurity Docket "Incident Response 30" (2016)
  • Acritas Star (2016)
  • Law360 "Rising Star" in Privacy (2015)
  • BTI Client Service All-Star (2016, 2017)
  • 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

News

Press Releases

Featured Video

Craig Hoffman: Data Security and the Retail Industry
Play Video

BakerHostetler's Craig Hoffman discusses credit card breaches EMV, and what retailers should do after an incident.

Emerging Issues

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
Revocation of Consent Under the TCPA
July 20, 2017
The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any...
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Data Privacy Monitor
Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations
July 19, 2017
In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the work-product doctrine...
Read More ->
Data Privacy Monitor
New York DFS Updates FAQs to Clarify Applicability of Cybersecurity Regulation
By Melinda L. McLellan
July 7, 2017
With the first compliance deadline now less than two months away, the New York Department of Financial Services (NYDFS) has provided additional clarity concerning its new Cybersecurity Requirements for Financial Services Companies (the...
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Data Privacy Monitor
Countdown Begins for Cybersecurity Compliance
July 6, 2017
This month marks an important waypoint for defense contractors subject to the new cybersecurity requirements imposed by the Department of Defense. For contractors subject to the requirements of Defense Federal Acquisition Regulation...
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Data Privacy Monitor
Ways to Prevent & Prepare for Ransomware Attacks
June 30, 2017
Ransomware was involved in 10 percent of the 450 breaches handled by our Privacy and Data Protection team in 2016. This week’s news about a global ransomware attack is another example that this trend is on the rise. Companies, governments...
Read More ->