Biography

Craig A. Newman is a litigation partner at Patterson Belknap and chairs the Firm’s Privacy & Data Security group. The former general counsel of a Fortune 250-owned media consortium, Mr. Newman fills the role of senior advisor to his clients including public and private companies, their boards and leadership teams. He is also the founding editor of the Firm’s blog, www.DataSecurityLaw.com, and was recognized by The National Law Journal as a "Cybersecurity & Data Privacy Trailblazer."

Mr. Newman represents major financial institutions, hedge funds and asset managers, investors, a professional sports team and healthcare, insurance, media, technology, educational, nonprofit and manufacturing companies in litigation, government investigations and enforcement matters, internal investigations and cybersecurity.

In his cybersecurity work, Mr. Newman regularly represents companies and boards – often as independent counsel – in proactively designing and implementing innovative security controls, policies and practices to protect sensitive corporate information, manage litigation and regulatory risk, and comply with federal and state regulatory requirements including New York’s new cybersecurity regulation. He has assisted numerous companies and boards in responding to – and investigating – significant cyber-attacks including criminal and state-sponsored attacks targeting customer and employee data and theft of financial assets and intellectual property.

Mr. Newman has also assisted clients in taking advantage of the sweeping liability protections under the SAFETY Act (“Support Anti-terrorism by Fostering Effective Technologies”), which provides litigation risk mitigation protection in the event of a cyber-attack.

A former journalist, Mr. Newman is a regular contributor to The New York Times and other leading media outlets including CNN and MSNBC. Mr. Newman's deep media background is another asset in his representation of major companies as he is always sensitive to the “headline risk” in high profile matters.

Mr. Newman is also a noted speaker and moderator at events for the U.S. Department of Homeland Security, The American Bar Association, the Tulane Corporate Law Institute and other prominent institutions. He is the editor of Bloomberg Law’s Domestic Privacy Profile: New York and Bloomberg’s New York data privacy subject matter expert.

Representative Matters:

Board Representation and Investigations

  • Board Committee of an NYSE-listed insurance company in investigation into Whistleblower allegations under the False Claims Act;
  • The Special Board Committee of an NYSE-listed financial institution in an internal investigation into compliance and regulatory matters and related shareholder derivative litigation;

  • A federally appointed Receiver in a securities fraud action by the U.S. Securities and Exchange Commission, and related U.S. Department of Justice investigation, arising out of a multi-million dollar Ponzi scheme;

  • A major non-profit and its board in an investigation relating to a cyber-attack on its content management system, illegal content transfers and violations of the Computer Fraud and Abuse Act;

  • An NYSE-listed manufacturing company in an investigation into the hacking of non-public information by a business competitor; and

  • A faculty member of a major university in an investigation related to allegations of plagiarism and copyright infringement.

Cybersecurity

  • Corporate boards and leadership teams in data security risk assessments, breach preparedness, breach response, and internal investigations;

  • Designing and implementing comprehensive data security and compliance programs for financial institutions and insurance companies covered by New York’s Cybersecurity Regulation, “Cybersecurity Requirements for Financial Services Companies”;

  • A Fortune 100 company and its senior management in an internal investigation and litigation related to a data breach and the public disclosure of confidential and proprietary corporate information;

  • Fortune 150 multi-state healthcare insurer in an internal investigation related to data security incident involving the disclosure of protected health-care information;

  • A National Football League franchise in designing and implementing an anti-terrorism and data security program and successfully gaining SAFETY Act designation from the U.S. Department of Homeland Security;

  • A prominent investment firm in a data breach response and subsequent investigation relating to "Business Email Compromise," fraudulent wire transfers and violations of the Computer Fraud and Abuse Act;

  • Investment advisers and investment funds in preparing and implementing comprehensive data security plans including incident response protocols to comply with SEC data security requirements; and

  • A global educational institution in connection with a cyber-attack relating to highly confidential student records and faculty research.

Litigation

  • U.S.-based hedge fund in litigation against a British financial institution relating to the termination under ISDA documentation of a $1.5 billion total return swap portfolio of corporate loans and bonds;

  • Represented major retailer and its executive management team in litigation before the U.S. Tax Court against the Internal Revenue Service related to elections made under Section 83(b) of the U.S. Tax Code;

  • An international real estate conglomerate in a $10 billion complex financial fraud action relating to a secured lending facility;

  • A multinational manufacturing technology company in breach of fiduciary duty litigation arising out of the sale of two U.S. affiliates;

  • Majority lenders and financial institutions in litigation with minority lenders related to covenant defaults and the foreclosure of a major international resort property that served as collateral for both term and revolving loan facilities.

Admissions

  • New York
  • District of Columbia
  • Michigan

Honors

Named among The National Law Journal's 2015 “Cybersecurity & Data Privacy Trailblazers;" Burton Award winner for Distinguished Legal Writing; Member, Cronkite School of Journalism and Mass Communication Hall of Fame; Bernard Kilgore Fellowship (The Society of Professional Journalists/Sigma Delta Chi and The George Washington University); Nathan Burkham Copyright Award (the American Society of Composers, Authors and Publishers Intellectual Property Award).

Professional Activities

  • Fellow, The American Bar Foundation;
  • Trustee, Arizona State University;
  • Chairman of the National Board of Advisors, Cronkite School of Journalism & Mass Communication,  Arizona State University;
  • Member, Bloomberg Law Innovation Advisory Board;
  • Member, Lexis/Nexis Privacy & Cybersecurity Law Report’s Editorial Board;
  • Faculty, Practising Law Institute;
  • Member, National Association of Corporate Directors;
  • Chief Executive Officer of the Freedom2Connect Foundation, a Washington, D.C.-based non-profit organization focused on global Internet censorship issues (2012-2016); and
  • Advisory Board Member of Newsy, the news and information service for mobile devices, which is owned by the E.W. Scripps Company (2011-2015).