Seth counsels clients through all stages of a privacy or data security incident, navigating the array of legal issues that arise, managing the response and investigation of an incident and defending clients against resulting litigation and regulatory investigations. He is also a trusted advisor of top U.S. companies on cyber risk insurance, leveraging his experience to provide a nuanced understanding when evaluating cyber risk insurance contracts.

Seth collaborates with colleagues firmwide on privacy and cybersecurity compliance and on incident response, applying lessons learned from significant incidents to help clients ensure compliance and effective planning.

Seth also has experience representing clients in connection with claims by credit card brands and financial institutions around payment card-related data breaches. He advises clients on the Payment Card Industry Data Security Standards and negotiation of agreements implicating payment card data.

    • Arby’s Restaurant Group. Represents Arby’s Restaurant Group in defending against class action litigation and card brand claims arising from a data security incident announced in February 2017.
    • Landry’s Inc. Defending Landry’s Inc. against card brand claims in connection with a data security incident announced in December 2015 and in litigation brought by its former payment card processor in a dispute relating to the incident.
    • Hilton Worldwide. Advising Hilton Worldwide regarding potential card brand claims stemming from two separate data security incidents that affected certain Hilton-branded hotels around the world in 2014 and 2015. We are also advising Hilton in litigation against Hilton's former payment card processor in connection with a commercial dispute relating to the data security incidents.
    • Sally Beauty. Defending Sally Beauty against card brands claims in connection with a data security incident announced in May 2015.
    • Supervalu Inc. Advising Supervalu Inc. in defending from any and all claims, litigation and regulatory inquiries arising out of data security incidents announced in August 2014.
    • The Home Depot. Advising The Home Depot in connection with card brand inquiries arising out of the data security incident announced in September 2014.
    • The Aldo Group Inc. Represents Aldo in the ongoing defense of card brand claims in connection with data security breach discovered in 2010. Also assisting Canadian counsel with litigation against MasterCard and Aldo’s processor regarding penalties imposed by MasterCard and collected from Aldo by the processor.
    • Genesco Inc. Represents Genesco in the ongoing defense of card brand claims in connection with data security breach announced in 2010, including litigation against Visa seeking recovery of fines and assessments imposed by Visa and collected from Genesco by Genesco’s acquiring banks.
    • Heartland Payment Systems Inc. Represents Heartland in the ongoing defense of various legal challenges stemming from the data security breach announced in 2009, including the putative financial institution class action. Advised the client regarding settlements with the card brands under which Heartland received releases from card issuers representing the majority of potentially at-risk payment card accounts.
    • The TJX Companies Inc. Represented TJX in the defense of card brand claims and financial institution class action arising out of the data security breach announced in 2007. The card brand claims were favorably settled, and the financial institution class action was dismissed by joint motion following affirmance by the First Circuit of the trial court’s dismissal of almost all of the class action claims.
    • Wyndham Hotels & Resorts. Represented Wyndham in the defense of card brand claims related to data security breaches suffered by certain of the Wyndham-branded hotels in 2008-2010.

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