Overview
Edward G. Zacharias is the managing partner of McDermott’s Boston office. He represents clients across the health care industry and beyond on healthcare compliance and transactional matters. He is a Certified Information Privacy Professional (CIPP/US) and advises health care providers, insurers, health information technology and digital health companies, pharmacies, drug and device manufacturers, life sciences companies and health services vendors on a range of information privacy and cybersecurity laws, including the Health Insurance and Portability and Accountability Act (HIPAA), 42 C.F.R. Part 2, the California Consumer Privacy Act and multiple other privacy and data security regimes.
Ed has been deeply involved with helping clients from across the technology and healthcare spectrum in their response efforts related to the COVID-19 pandemic. These clients range from large multi-national technology companies, to digital health services platforms, to electronic health record vendors, to health care providers. Ed advises these organizations on the use of technologies to facilitate communications among providers and patients, and related privacy, cybersecurity, telehealth, medical device and other legal considerations related to such use. Ed also advises organizations related to the donation of software, hardware, personnel and other products and services to assist in efforts to ramp up production of vitally-needed medical equipment and supplies in response to the coronavirus pandemic.
Ed manages large, complex and high-profile data breaches and is one of the nation’s leading lawyers in responding to HIPAA compliance investigations by the US Department of Health and Human Services, Office for Civil Rights (HHS-OCR) and state attorneys general. Ed has extensive experience negotiating favorable settlements on behalf of clients when these investigations result in allegations of non-compliance. Ed also represents health care providers being investigated by HHS-OCR’s Conscience and Religious Freedom Division on matters involving objections by workforce members to participating in certain health care procedures on moral or religious grounds.
Ed assists clients in developing complex data use strategies that further strategic initiatives and achieve business objectives. He prepares comprehensive privacy and data security programs for businesses, and regularly counsels clients regarding the collection, use, retention, disclosure, transfer and disposal of protected health information and personal information.
Ed also represents health systems, physician group practices, private equity funds and health services vendors in connection with mergers and acquisitions, joint ventures, strategic affiliations and general corporate matters.
Ed regularly writes and lectures on issues related to privacy and data protection. While in law school, Ed served as the editor in chief of The American Journal of Law and Medicine and was president of the Health Law Association.
Results
- Advised a Fortune 20 company establish a comprehensive HIPAA compliance program and data use strategy related to its entrance into the healthcare market as a provider of healthcare services
- Advised a large, publicly traded social media platform on a variety of COVID-19 related initiatives involving global privacy, cybersecurity, telehealth, medical device and other legal considerations
- Served as lead counsel to a health system with over 500 clinical sites of service in responding to ransomware attack, including coordinating legal and compliance advice, cybersecurity and forensics teams, media response, communications with regulators and ransom negotiations with threat actor
- Represented clients in response to numerous HHS-OCR HIPAA compliance investigations, including successfully resolving dozens without any adverse findings and negotiating multiple favorable settlements for clients
- Represented a publicly traded technology company in investigating and responding to an international cyberattack that affected its services and operations
- Advised a large electronic health record (EHR) company on various data use and disclosure considerations related to its development of a personal health record for patients of its health care provider customers
- Advised a national retail chain on structural and healthcare compliance considerations related to its establishment of in-store clinics
- Served as privacy counsel to publicly traded health care services company in its acquisition of a medication therapy management company
- Represented a hospital system in acquiring assets of a large physician cardiology group practice and employing physicians
- Represented health systems in drafting and negotiating a service line co-management agreements for specialty service lines
Recognitions
- Acritas Stars 2020, listed among independently rated lawyers
- Chambers USA 2018 – 2020
- Boston Bar Association, selected to participate in the 2008 to 2009 Public Interest Leadership Program
- Super Lawyers 2015 and 2016, Massachusetts Rising Star
Community
- American Health Lawyers Association
Credentials
Education
Boston University School of Law, JD, 2006
Case Western Reserve University, MA, Bioethics, 2003
Coleman College, AS, Computer Applications and Networks, 2001
Boston College, BA, 1999
Admissions
Massachusetts
