Christopher Escobedo Hart

Greater Boston Contact Info
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About

Chris Hart is a litigation partner and co-chair of the Privacy and Data Security group at…

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Experience & Education

  • Foley Hoag LLP

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Publications

  • Data Breach Litigation: What Enterprises Should Know

    SearchSecurity

    A data breach is a business crisis that can have enduring ramifications. While the discovery of a breach can initiate a drill — investigating what happened, remediating the security gaps, engaging law enforcement, and complying with state and federal notification laws — following these steps carefully and thoroughly might not be the end of a company’s headaches. Any company dealing with a data breach also needs to be concerned about follow-on litigation.

    While litigation can come in the…

    A data breach is a business crisis that can have enduring ramifications. While the discovery of a breach can initiate a drill — investigating what happened, remediating the security gaps, engaging law enforcement, and complying with state and federal notification laws — following these steps carefully and thoroughly might not be the end of a company’s headaches. Any company dealing with a data breach also needs to be concerned about follow-on litigation.

    While litigation can come in the form of defending against a government enforcement suit, it can also come in the form of private actions against employees, consumers or third parties. This article provides an overview of the kinds of data breach litigation companies have faced, what legal theories have been used and what defenses might be employed.

    First, who sues? Consumers, financial institutions and third parties that have contracts with the companies maintaining personal confidential information or patient health information are the prime candidates. While it might seem obvious that consumers will sue, it is becoming increasingly common to see financial institutions — banks and credit unions that have to issue new credit cards or reimburse consumers — filing class actions lawsuits to recoup their alleged costs and lost business. . . .

    See publication

  • Social Media Law: Significant Developments

    The Business Lawyer (ABA)

    Despite not being, strictly speaking, its own area of law, the term “social media
    law” usefully captures this complex interplay between different areas of law and
    social media platforms. This survey provides an overview of significant developments
    in social media law over the past year, concerning multiple categories:
    copyright, fair competition, First Amendment (including its intersection with
    criminal law), and employment. [Read more via the link.]

    See publication

  • Cybersecurity is a Governance and Risk Management Issue

    Today's General Counsel

    In the face of numerous major data breaches with significant financial losses to companies, executives and corporate boards are now treating cybersecurity as a governance and risk management issue. This means treating cybersecruity the same as other risks, like safety, by examining it carefully and responding appropriately. . . .

    Other authors
    • Peter Sullivan
    See publication

  • Closing the Courthouse Door to Sovereigns? A Discussion of the Supreme Court’s Recent FSIA Case, OBB Personenverkehr AG v. Sachs

    Federal Bar Association Newsletter (Massachusetts Chapter)

    A discussion of a 2015 Supreme Court case concerning the Foreign Sovereign Immunities Act (FSIA) and its possible impact on the ability to bring cases against foreign sovereigns in US courts.

    See publication

  • In Cybersecurity, No Harm Does Not Necessarily Mean No Foul.

    Law360

    An overview and analysis of the differences between the way harm is considered in private civil litigation relating to cybersecurity versus how it is considered when actions are brought by government enforcement agencies.

    Other authors
    See publication

  • Discovery of Electronically Stored Information: Principles and Best Practices

    Boston Bar Association

    Provides e-discovery principles and best practices for Massachusetts lawyers.

    Other authors
    • Matt Miller

Honors & Awards

  • "Friend of Justice" Award

    Massachusetts Association of Criminal Defense Lawyers (MACDL)

    Recognized by MACDL for work done to effectively abolish the felony murder doctrine in Massachusetts.

  • Readers' Choice Award

    JD Supra

    Recognition for outstanding content in the field of cybersecurity and data privacy.

  • Outstanding Newsletter

    Federal Bar Association

    Recognition for my work as Editor-In-Chief of the Massachusetts FBA Newsletter, 2014-15.

  • Outstanding Achievement Award - Prisoners' Rights

    Washington Lawyers' Committee for Civil Rights and Urban Affairs

    Recognition for representation of an individual who had been illegally detained in a D.C. jail.

Languages

  • Spanish

    -

Organizations

  • Hispanic National Bar Association

    President, Region I (New England)

    - Present

  • International Association of Privacy Professionals (IAPP)

    Advisory Board - Privacy Bar Section

    - Present

    The IAPP Privacy Bar Section Advisory Board is comprised of legal-focused privacy professionals who will actively participate in developing programming and content for the Privacy Bar Section. Members provide guidance and strategic input, and serve as a leader in the promotion of the Privacy Bar Section and all of its programs and activities.

  • Milton Town Democratic Committee

    Vice Chair

    - Present

  • Town of Milton

    Elected Town Meeting Member; Warrant Committee member

    - Present

  • Boston Bar Association Diversity & Inclusion Section

    Co-Chair - Mentoring Committee; Committee Co-Chair (starting Sept. 2018)

    - Present

  • Trustees

    Corporate Trustee Board Member; Member, Nominating Committee

    - Present

  • Beth Israel Deaconess Medical Center - Milton

    Board of Overseers

    - Present

    Member - Gala Committee

  • Federal Bar Association (Massachusetts Chapter)

    Co-Chair, International Law Committee; Editor-in-Chief, Newsletter

    - Present

    Won "Outstanding Newsletter" award from national FBA or work as Editor-in-Chief of newsletter in 2015.

  • Boston Bar Association

    Public Interest Leadership Program (PILP) Fellow

    -

  • Boston Youth Symphony Orchestra

    Member, Advisory Council

    -

  • The Partnership, Inc.

    Fellow

    -

  • Boston Bar Association

    Council Member

  • Town of Milton - Cultural Council

    Treasurer(2014-17)

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