Michael Bahar

MB
  • Partner at Eversheds Sutherland (US) LLP (436 Attorneys)
  • 700 Sixth Street NW, Suite 700, Washington, DC 20001-3980
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Biography

Michael Bahar, partner in the Washington DC office, is the co-lead of Eversheds Sutherland's global cybersecurity and privacy practice and a member of the firm’s Litigation practice. As former Deputy Legal Advisor to the National Security Council at the White House, former Minority Staff Director and General Counsel for the US House Intelligence Committee, and as a former Active Duty Navy JAG, Michael provides advice on cybersecurity and privacy, international law and national security law. While with the House Intelligence Committee, he was lead drafter and negotiator for the Cybersecurity Act of 2015, the USA Freedom Act (which reformed certain key surveillance authorities) and four annual Intelligence Authorization Acts. More recently, he was a leader of the Committee’s investigation into the Russian hacking of the 2016 election. Michael offers clients a wealth of knowledge about cybersecurity, information sharing, privacy, crisis management and establishing cybersecurity programs that are not only in accordance with evolving laws and regulations but that also find business opportunities.

With extensive interactions with the National Security Council, the US Department of Defense and the US Intelligence Community-including the Central Intelligence Agency (CIA), the National Security Agency (NSA) and US Special Operations Command-Michael Bahar, Leader of the Eversheds Sutherland (US) Cybersecurity and Privacy team, advises clients on cybersecurity and data protection issues, international law, and national security.

His in-depth knowledge and deep understanding of these topics-particularly in assessing the appropriate levels of cybersecurity investment based on litigation and regulatory risk analysis-allows Michael to effectively advise clients and has made him a sought-after speaker at industry and corporate conferences across the country.

Michael’s previous experience includes serving nearly 10 years on Active Duty with the Navy's Judge Advocate General (JAG) Corps, where he litigated felony court-martials, dealt with cutting-edge legal issues involving the laws of war, led the capture and investigation of the US Navy’s first set of captured pirates in generations, led a team of lawyers deployed to Afghanistan in support of a Special Operations Task Force, and completed two Pentagon tours. He has received two Defense Meritorious Service Medals, six Navy Commendation Medals and one Navy Achievement Medal, in addition to earning his Navy Parachutist Wings.

Client Tools

•Cybersecurity and Privacy Insights Blog
•California Consumer Privacy Act

Awards and Rankings

Named to The Best Lawyers in America in the area of privacy and data security law (2019)

Recognized by The Legal 500 United States in the area of technology: outsourcing (2018)

Recognized by the National Law Journal as a Cybersecurity Trailblazer (2017)

Experience

Advises insurers, investment companies, and banking and financial services corporations regarding the effectiveness and regulatory acceptability of their cybersecurity/privacy plans, programs and policies.
Advised a Fortune 100 industrial company on a cyber breach that threatened highly confidential business information and personally identifiable information.
Guided a global beverage company through all stages of its response to the inadvertent disclosure of non-public information by a vendor.
Advises a Fortune 500 insurance company, as well as other companies, on complying with GDPR.
Advises a business development company on cyber strategy, from board counseling to cyber policy drafting, to reviewing its cyber insurance.
Serves as lead counsel to numerous industry-leading companies in a range of highly sensitive privacy crisis response matters.
Counseled a US-based healthcare insurer on its data breach and notification matters, which involved both state and HIPAA notifications.
Engaged with the FBI and the US National Cyber Investigative Joint Task Force on behalf of a leading US health insurer in response to a data breach incident.
Advises a leading life reinsurance company on its cybersecurity program, including vendor due diligence, incident response and compliance with the New York State Department of Financial Services cybersecurity regulation.
Advises a supplemental insurance provider on the GDPR implications of a potential new strategic venture.
Conducted an in-depth analysis and provided recommendations on a series of key cybersecurity and privacy policies affecting an insurance company's members.
Partnered with a Fortune 100 software company to publish a series of cybersecurity, data privacy and technology White Papers.
Advises a leading global chemical company on privacy matters related to the integration of a newly acquired business into its global operations.
Advises industry-leading companies on the full range of privacy issues they face related to the GDPR and the China Internet Security Law.
Advises a leading global reinsurance company on the design of a new US InsureTech product in light of US privacy laws and the GDPR.
Advised a leading North American insurer on HIPAA compliance following the inadvertent disclosure of healthcare information from a medical provider.
Advised a global quality assurance and risk management company on the applicability of HIPAA safe harbor rules to the anonymization and de-identification of protected healthcare information.
Advises a leading electric generation and transmission cooperative and a major energy industry membership organization on cybersecurity and privacy matters.
Advises well-known US corporations and financial institutions on privacy and data security issues in mergers, acquisitions and asset sales.
Helped a leading UK-based global investment management firm develop a cybersecurity incident response plan.
Provides compliance advice to leading financial services and insurance companies related to the New York State Department of Financial Services and SEC cybersecurity regulations.
Provides comprehensive cybersecurity and privacy compliance advice to an energy industry insurer, including on regulations by NAIC and the New York State Department of Financial Services.
Represented an investor in cryptocurrency litigation alleging securities, commodities and common law fraud in relation to an Initial Coin Offering (ICO).

Publications

Legal Alerts

Legal Alert: New York Circular Letter No. 1 (2019) takes aim at accelerated underwriting (February 26, 2019)
On January 18, 2019, the New York Department of Financial Services (NYDFS) issued a circular letter to all insurers authorized to write life insurance in New York State setting out the Department’s ...

Legal Alert: January’s Privacy Blizzard (February 4, 2019)
In collaboration with Eversheds Sutherland partner Paula Barrett .
As predicted, the start of 2019 provided scant respite from the frenetic pace of privacy and cybersecurity developments during 2018. This past month alone, in a blizzard of activity, regulators ...

Legal Alert: The floodgates open - Illinois Supreme Court issues landmark ruling in biometrics case (January 28, 2019)
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the ...

Legal Alert: New guidance proposed on the extra-territorial scope of the GDPR (December 18, 2018)
In collaboration with Eversheds Sutherland attorneys Paula Barrett, Co-Lead of Global Cybersecurity and Data Privacy and Lizzie Charlton, Data Privacy Professional Support Lawyer
Companies not based in the European Union (EU) now have additional guidance to help them determine whether they have to comply with the General Data Protection Regulation (GDPR). The European Data ...

Legal Alert: Vietnam sheds light on impending cybersecurity law (December 4, 2018)
In collaboration with Eversheds Sutherland Partner Paula Barrett and Vision & Associates attorneys Le Tuan Anh, Luu Tien Ngoc, Vuong Son Ha .
As this eventful year for new privacy and cybersecurity regulations winds down, multinational companies still need to look ahead to new regulations that will come online in 2019, including Vietnam’s ...

Legal Alert: CFTC and SEC continue their efforts to regulate virtual currencies and Blockchain-based smart contracts (December 3, 2018)
For those longing for the heady days of the cryptocurrency free-for-all, this November is proving to be the start of the winter of your discontent.The US Commodity Futures Trading Commission ...

Legal Alert: SEC and CFTC continue efforts to regulate cryptocurrency (November 13, 2018)
Two important events occurred in the cryptocurrency space last week.1 The Chairman of the US Commodity Futures Trading Commission (CFTC) gave a speech regarding regulators’ role in effectively ...

Legal Alert: India’s highest court defends data privacy (October 16, 2018)
As new data privacy regulations spring up around the globe with greater frequency, multinational companies face difficulties not only with complying with a patchwork of requirements, but also with ...

Legal Alert: Malaysia seeks to expand personal data protection (October 4, 2018)
In collaboration with Eversheds Harry Elias partner Brian Law and Koh Dipendra Jeremiah Law attorneys Suaran Singh Sidhu, Cheah Chiew Lan, Hwee Yee Tan, and Teo Ze Young
Malaysia will soon be joining the growing number of global jurisdictions that are adding specific data breach notification requirements to companies operating in Malaysia, re-emphasizing the need for ...

Legal Alert: Financial institutions in Singapore to strengthen their cyber resilience-Monetary Authority of Singapore consults on cybersecurity measures (October 1, 2018)
In collaboration with Eversheds Harry Elias attorneys Suressh S. and Marcus Ng
Recently, JPMorgan Chase CEO Jamie Dimon warned that the “biggest vulnerability” for the financial system is the threat of cyber attacks. Hackers, especially those working for nation-states, have ...

Articles

Know Your Tech (March 2019)
Cybersecurity Law and Strategy
Technologies are often pitched as solutions, if not game-changing solutions. Indeed, many times they are, but no solution comes without the seeds of its own costs and challenges. For pragmatic and ...

Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019 (March 1, 2019)
From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to ...

Cybersecurity Forecast Remains Frightful For 2019 (January 1, 2019)
Law360
Winter is here - and it is showing no signs of relenting. Last year was brutal for cyberattacks - against US cities, against major hotel chains and against global airlines - and a watershed year for ...

Sticking a Hand in the Internet Cookie Jar (December 2018)
Cybersecurity Law & Strategy
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks, like those present in ...

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things (November 14, 2018)
Legal Tech News
The California legislature had a big year in 2018. While a great deal of attention has focused on the California Consumer Privacy Act of 2018 (CCPA), California also passed a less-publicized, but ...

Five Tips for Utilities to Combat Cybersecurity Threats (October 30, 2018)
T&D World
Earlier this month, the United States indicted seven intelligence officers from the Russian Main Intelligence Directorate of the General Staff (GRU) on charges of hacking computers associated with ...

INSIGHT: Enforcing the Crypto Freeze (October 1, 2018)
Bloomberg BNA
As cryptocurrencies and other digital assets grow in popularity and value, they continue to test the limits of existing laws. One of the emerging-and increasingly urgent-questions that courts ...

California’s new data privacy law: What you need to know (Fall 2018)
Partnering Perspectives
The California Consumer Privacy Act of 2018 provides California residents with a potent set of new privacy rights and protections, which likely will require adjustments even for businesses that are ...

Is America Ready For a Cyberattack? (July 23, 2018)
The Hill
Of all the attention the recent Helsinki summit generated, one aspect has garnered scant attention, but it has the ability to shake America and other democracies to their core-data manipulation. In ...

Facing facts: Litigation and compliance risks of biometric data (Spring 2018)
Partnering Perspectives
Biometric data is increasingly used by businesses for a multitude of purposes. In their article for the Spring 2018 edition of Partnering Perspectives, Eversheds Sutherland attorneys Michael Bahar, ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2018)
We are pleased to present the Fall 2018 edition of Partnering Perspectives, which focuses on a number of legal developments as well as offers recommendations of preventive measures that you might ...

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2018)
With emerging technology, evolving international relationships and an increased focus on corporate responsibility, companies are faced with new challenges and opportunities, a fresh perspective on ...

Presentations

Data Privacy & Security Impacts in Oil & Gas (April 4, 2019)
Microsoft
Eversheds Sutherland attorneys Michael Bahar and Mark Thibodeaux present at Microsoft’s Data Privacy & Security Impacts in Oil & Gas event on April 4, 2019, in Houston, Texas.

Cybersecurity Update: Combating an Evolving Threat (March 27, 2019)
SIFMA C&L Annual Seminar
Eversheds Sutherland (US) Partner Michael Bahar presents Cybersecurity Update: Combating an Evolving Threat at the SIFMA C&L Annual Seminar on March 27, 2019, in Phoenix, Arizona.

GDPR Compliance (January 29, 2019)
International Taxation Conference
Eversheds Sutherland (US) Partner Michael Bahar presents GDPR Compliance at the International Taxation Conference on January 29, 2019, in New York, New York.

Choice of Law for Data in the International Context (January 14, 2019)
The Sedona Conference Working Group 6 Annual Meeting 2019
Eversheds Sutherland (US) Partner Michael Bahar presents Choice of Law for Data in the International Context at the The Sedona Conference Working Group 6 Annual Meeting 2019 on January 14, 2019, in ...

Judiciary and National Security: Attacks on Our Institutions of Democracy: The Role of the Judicial System (November 14, 2018)
U.S. Court of Federal Claims 29th Judicial Conference
Eversheds Sutherland (US) Partner Michael Bahar presents on the panel Judiciary and National Security: Attacks on Our Institutions of Democracy: The Role of the Judicial System at the US Court of ...

Data, Privacy and Cybersecurity -A Primer for Financial Services Legal and Compliance Professionals (November 12, 2018)
Practising Law Institute
Eversheds Sutherland (US) Partner Michael Bahar presents Data, Privacy and Cybersecurity -A Primer for Financial Services Legal and Compliance Professionals at the Practising Law Institute (PLI) ...

Webcast: What US companies need to know about the California Consumer Privacy Act of 2018 (CCPA) - Are you ready? (October 24, 2018)
The California Consumer Privacy Act of 2018 (CCPA) arrives on the heels of the expansive consumer protections offered by the European General Data Protection Regulation (GDPR), and it echoes key GDPR ...

Webcast: Cybersecurity considerations for electric cooperatives (September 25, 2018)
Presented on September 25, 2018, this webcast provided an overview of the rapidly evolving threat landscape and highlights some important measures that electric cooperatives should-and should not-be ...

Webcast: The One-Two Punch: Cybersecurity breaches and the risks to Fiduciaries under ERISA (September 11, 2018)
Can a cyber breach cause an ERISA fiduciary to be in breach of its duties? The answer may be yes. In light of increasing cyber risk, escalating regulatory scrutiny, and the absence of significant ...

Fact or fiction: blockchain technology in the financial services industry (June 27, 2018)
As part of its quarterly General Counsel roundtable, Eversheds Sutherland's Global Financial Services Disputes and Investigations (FSDI) team will facilitate an interactive discussion regarding the ...

News

In the News

Federal Privacy Rules Could Take Cue from Kids' Data Law (March 12, 2019)
Law360
Eversheds Sutherland Partner Michael Bahar is quoted in this Law360 article discussing the Federal Trade Commission’s (FTC) recent record-breaking fine for a violation of the Children's Online ...

Data and Privacy Breach Notification Plans: What You Need to Know (April 25, 2018)
CSO, ITWorld and IDG Connect
Eversheds Sutherland Partner Michael Bahar is interviewed in this CSO article discussing how to handle a cyber breach and comply with the EU’s General Data Protection Regulation (GDPR). Michael said, ...

GDPR, The Digital Workplace and Employees' Rights (April 3, 2018)
CMSWire
Eversheds Sutherland Partner Michael Bahar is quoted in this CMSWire article regarding how global companies handle the differing privacy regulations around the world, including GDPR, the new, EU-wide ...

Partner Michael Bahar Comments on Launch of App to Track State, Foreign Data Breach Requirements (March 29, 2018)
Inside Cybersecurity
Eversheds Sutherland Partner Michael Bahar is quoted in this Inside Cybersecurity article discussing the launch of the firm's BreachLawWATCH mobile app. The unique app provides easy, consistent ...

When Kids’ Toys Are Listening, the FTC is Watching (February 21, 2018)
IPWatch Dog
Eversheds Sutherland Partner Michael Bahar is quoted in this IPWatch Dog article discussing the recent enforcement action against toymaker VTech by the Federal Trade Commission (FTC) for violating ...

US Partner Michael Bahar Comments on Intelligence Capabilities (January 29, 2018)
New Yorker
Eversheds Sutherland Partner Michael Bahar is quoted in this New Yorker article regarding Chinese intelligence capabilities. “They are a professional service,” said Michael. “They do their homework.”

Securing the Cloud (January 23, 2018)
USA Today Homeland Security
Eversheds Sutherland Partner Michael Bahar is quoted in the Winter edition of USA Today Homeland Security regarding increasing efforts to keep data safe in the ‘new normal.’ “Particularly this ...

US Partner Michael Bahar Comments on Surveillance Tools (January 19, 2018)
Politico
Eversheds Sutherland Partner Michael Bahar is quoted in this Politico article regarding the ongoing legislative debate involving the recent passage of a long-term extension of the government’s online ...

FTC Sharpens Data Security, Privacy Arrows With VTech Pact (January 12, 2018)
Law360
Eversheds Sutherland Partner Michael Bahar is quoted in this Law360 article discussing the recent enforcement action against toymaker VTech by the Federal Trade Commission (FTC) for violating the ...

Shipping Firms Fend Off GPS Interference as Cyber Regulations Approach (January 5, 2018)
Wall Street Journal Pro Cybersecurity
Eversheds Sutherland Partner Michael Bahar is quoted in this Wall Street Journal article regarding GPS spoofing, a technique that sends false signals to GPS-based navigation systems. “Shipping is ...

Press Releases

California Consumer Privacy Act Preparation Website Launched by Eversheds Sutherland (October 25, 2018)
In anticipation of the California Consumer Privacy Act (CCPA), Eversheds Sutherland has created a one-stop information hub to help companies prepare for the impending legislation that will affect ...

18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...

Eversheds Sutherland Launches BreachLawWATCH Mobile App (March 27, 2018)
Eversheds Sutherland is pleased to announce the release of BreachLawWATCH, a unique mobile app that provides easy, consistent access to data breach statutes across the United States and a growing ...

Two Eversheds Sutherland Attorneys Recognized as 2017 Cybersecurity Trailblazers by National Law Journal (November 2, 2017)
NEW YORK and WASHINGTON-Eversheds Sutherland is pleased to announce that Partner Michael Bahar and Associate Alexander F. L. Sand have been recognized as National Law Journal Cybersecurity ...

Eversheds Sutherland Bolsters Cybersecurity and Privacy Practice with the Addition of US Partner Michael Bahar (June 12, 2017)
WASHINGTON-Eversheds Sutherland (US) LLP is pleased to announce that Michael Bahar has joined the firm’s Litigation Practice Group as a partner in the Washington DC office. He will also serve as ...

Multimedia

Videocast: Blockchain technology in the financial services industry (September 27, 2018)
Blockchain and distributed-ledger technology hold tremendous promise, far beyond cryptocurrencies. However, there are also real pitfalls, which are often not identified until it is too late. This ...

Webcast: The One-Two Punch: Cybersecurity breaches and the risks to Fiduciaries under ERISA (September 11, 2018)
Can a cyber breach cause an ERISA fiduciary to be in breach of its duties? The answer may be yes. In light of increasing cyber risk, escalating regulatory scrutiny, and the absence of significant ...

Videocast: Data manipulation-an overview (August 23, 2018)
The next generation of cyber threats-data manipulation attacks-is already here. Increasingly, organizations need not only protect their data from theft and ransomware, but also from subtle changes ...

An Electric Cooperative Bar Association (ECBA) Webcast: An intro to GDPR-How the EU’s General Data Protection Regulation may impact electric cooperatives, presented by Eversheds Sutherland (US) LLP (June 13, 2018)
GDPR - the European Union’s new General Data Protection Regulation - is on everyone’s mind. Lawyers and others in the co-op community are no exception. But what does it mean? How will it affect ...

Webcast: Back by popular demand: What US companies urgently need to know about the EU General Data Protection Regulation (GDPR) (November 29, 2017)
Eversheds Sutherland (US) Partners Michael Bahar and Mary Jane Wilson-Bilik along with Eversheds Sutherland (International) Partner Gayle McFarlane present Back by popular demand: What US companies ...

Webcast: What US Companies Urgently Need to Know about Europe's General Data Protection Regulation (GDPR): Are you Ready? (October 25, 2017)
Eversheds Sutherland (US) Partners Michael Bahar and Mary Jane Wilson-Bilik along with Eversheds Sutherland (International) Partner Paula Barrett present What US Companies Urgently Need to Know ...

Videocast: How to Handle a Hack (July 18, 2017)
Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and ...

Videocast: A Developing Cybersecurity Standard: Anticipate, Mitigate and Remediate (July 11, 2017)
The latest cyberattack across multiple countries shows that hackers do not discriminate by industry. It’s not just about targeting “data” such as credit card or insurance information. Rather, it is ...

Videocast: Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy (June 29, 2017)
Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as ...

Video: Michael Bahar Live on MSNBC (June 18, 2017)
MSNBC Live
In this interview with MSNBC Live, Eversheds Sutherland (US) Partner Michael Bahar discusses the Russia investigation.

Areas of Practice (5)

  • Litigation
  • Cybersecurity & Privacy
  • Financial Services
  • Insurance
  • Securities & Corporate Governance

Education & Credentials

Contact Information:
202.383.0882  Phone
www.eversheds-sutherland.com
University Attended:
Cambridge University, M.Phil., International Relations; Yale University, B.A., Political Science
Law School Attended:
Columbia University School of Law, LL.M., International and National Security Law; Harvard Law School, J.D.
Year of First Admission:
2003
Admission:
District of Columbia; New York
Memberships:

Professional Activities

TS/SCI Clearance
Commander, Judge Advocate General's Corps, US Navy Reserves
Visiting fellow, National Security Institute, George Mason University Antonin Scalia Law School
Member, Board of Trustees, Shakespeare Theatre Company

Military:
Officer, U.S. Army
ISLN:
917202894

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (13)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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