Paul Karlsgodt

Paul has significant experience defending class actions in the complex and cutting-edge area of data privacy on behalf of companies and organizations in a variety of industries. He has served as lead counsel for defendants in class action litigation arising out of data breach incidents of all sizes, and affecting numerous industries and governmental entities. He also defends clients in other privacy class actions arising out of corporate digital advertising and customer data collection practices, as well as class actions seeking the recovery of statutory damages.

Recognized by Chambers USA in Litigation, Paul was also named a Law360 Privacy MVP (2014 and 2015) and a National Law Journal “CyberSecurity & Data Privacy Trailblazer.” Paul is also a frequent speaker and commentator on class action law and privacy litigation.

Select Experience

• Defended Excellus BlueCross in data breach class action affecting approximately ten million individuals. Led a team that defeated plaintiffs’ motion for class certification over all claims for damages, allowing only an injunctive relief class to go forward.
• Obtained summary judgment for online retailer Harriet Carter Gifts in a wiretapping and invasion of privacy purported class action alleging that the company illegally “intercepted” customers’ private information without consent through the use of a third-party web browser cookies on its website.
• Has served as lead defense counsel in class actions arising from many of the largest healthcare and payment card breaches in history, as well as in various other healthcare breach class actions arising out of hacking, theft and inadvertent disclosure.

Experience

• Defended Excellus BlueCross in data breach class action affecting approximately ten million individuals. Led a team that defeated plaintiffs’ motion for class certification over all claims for damages, allowing only an injunctive relief class to go forward.
• Obtained summary judgment for online retailer Harriet Carter Gifts in a wiretapping and invasion of privacy purported class action alleging that the company illegally “intercepted” customers’ private information without consent through the use of a third-party web browser cookies on its website.
• Has served as lead defense counsel in class actions arising from many of the largest healthcare and payment card breaches in history, as well as in various other healthcare breach class actions arising out of hacking, theft and inadvertent disclosure.
• Defended a large healthcare organization in 12 class actions in Illinois state and federal courts arising out of the theft of computers alleged to have contained patient information for more than four million patients. Motions to dismiss all the lawsuits were granted. The dismissals were with prejudice in all but one of the cases.
• Represented a fast-casual restaurant chain in a series of data breach class actions brought on behalf of a putative class of financial institutions seeking to recover financial losses stemming from the merchant’s alleged negligence in failing to prevent a payment card system breach. In a precedent-setting ruling, the team secured a dismissal, which will have implications for contractual agreements between merchants and banks issuing debit and credit cards going forward.
• Led the successful defense of a class action lawsuit against a nationwide retailer alleging violation of privacy rights stemming from the alleged transfer of browser history information to a social media company, successfully arguing for dismissal before the trial court. Later argued the appeal of the district court’s judgment before the Eighth Circuit Court of Appeals, resulting in a published opinion affirming the trial court’s judgment of dismissal with prejudice.
• Led a cross-office team in the successful defense of a California hospital in one of the largest data breach class actions ever filed under the California Confidentiality of Medical Information Act. Client initially faced more than $500 million in potential statutory damages exposure, but ultimately prevailed in all aspects of the case, which was finally dismissed by the plaintiff with no payment by the defendant.
• Coordinated defense in Missouri and Illinois state and federal courts in multidistrict litigation against a grocery store chain arising out of a payment card data breach. The case was ultimately resolved by a nationwide settlement, which was finally approved over the significant efforts of objectors to block it.
• Capitalizing on experience in the courtroom, obtained a denial of class certification after serving as lead counsel in a multiday evidentiary hearing in a consumer class action involving the sale of uninsured motorist insurance coverage.
• Played a central role in a nationwide class action against a telecommunications company, mitigating the effects of discovery sanctions that had been imposed against the client prior to retaining BakerHostetler. The cutting-edge electronic discovery case was ultimately settled favorably for the client.
• As lead counsel for an insurer in a putative class action in California involving auto body shop labor rate surveys and direct repair programs, obtained an order granting judgment on the pleadings and was able to settle the case on an individual basis while an appeal of that judgment was pending.
• Obtained an order denying class certification in a putative class action against an insurer involving demands for reimbursement of medical payment benefits. Settled the case on an individual basis during an appeal of that order.
• Resolved the individual claims in several threatened class actions involving communication privacy issues, due to his willingness to connect with the plaintiffs’ counsel before the cases were filed. Avoided millions of dollars of potential exposure at a significantly lower cost to multiple clients.

Recognitions

• BTI Client Service All-Star (2022)
• Chambers USA: Litigation: General Commercial in Colorado (2016 to 2022)
  • Band 4 (2016 to 2022), Recognized Practitioner (2014 to 2015)
• The Best Lawyers in America® (2021 to present)
  • Colorado: Commercial Litigation
• Law360 Privacy MVP (2014, 2015)
• National Law Journal: "CyberSecurity & Data Privacy Trailblazer" (2015)
• Colorado “Super Lawyer” (2011 to 2021)
  • Colorado Super Lawyers “Rising Star” (2009 to 2010)
• Law Week Colorado (2013)
  • People's Choice: Best Class Action/Mass Torts – Defense

Memberships

• American Bar Foundation: Fellow
• Rhone-Brackett Inn of Court: President-elect
• American Bar Association
  • Section of Litigation
  • Class Actions and Derivative Suits Committee
    • Regional Programs Subcommittee: Chair
    • Social Media Subcommittee: Past Chair
• Colorado Bar Association
  • Litigation Section
  • Derivative Suits and Mass Torts Subsection: Founder and Former Chair
• Washington Bar Association
• Denver Bar Association

Admissions

• U.S. Court of Appeals, Third Circuit
• U.S. Court of Appeals, Fourth Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. Court of Appeals, Seventh Circuit
• U.S. Court of Appeals, Eighth Circuit
• U.S. Court of Appeals, Ninth Circuit, 2006
• U.S. Court of Appeals, Tenth Circuit, 1999
• U.S. District Court, District of Colorado, 1999
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Central District of Illinois
• U.S. District Court, Southern District of Illinois
• U.S. District Court, Eastern District of Missouri
• U.S. District Court, Western District of Washington
• U.S. District Court, Western District of Wisconsin
• U.S. District Court, Western District of New York
• U.S. District Court, Western District of Michigan
• U.S. District Court, Southern District of Indiana
• Washington, 2008
• Colorado, 1997

Education

• J.D., University of Denver Sturm College of Law, 1997
• B.S., Purdue University, 1993