Privacy Litigation & Governmental Investigations | McDermott Lawyers

Privacy Litigation & Governmental Investigations


The collection, use and disclosure of personal data trigger a range of privacy and cybersecurity laws and regulations, all of which are enforced by aggressive plaintiffs’ lawyers and government agencies. The retention of sensitive proprietary information pertaining to business partners also implicates a range of legal obligations, and exposure of such information often results in litigation and strained business relationships.

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  • Obtained a victory before the US Supreme Court in one of the most important consumer privacy cases, Gobeille v. Liberty Mutual, persuading the Court to hold that self-funded insurance plans are exempt from a Vermont law purporting to compel disclosure of health information to the state
  • Represented a major e-commerce company in a dispute with its technology provider relating to the adequacy of the security in the provider’s solution, including the encryption algorithm used to secure the transactions between the e-commerce company and its customers
  • Assisted a large emergency medical physician practice with all aspects of its response to a theft of a portable hard drive containing medical billing information for more than 175,000 patients from over 50 jurisdictions, including drafting the template breach notification letter, breach reports to the Office for Civil Rights (OCR) and state regulators, talking points for call center operators, press releases and media notices, and an indemnification claim to the medical billing agency; after responding to OCR’s investigative data requests, the matter was successfully resolved with OCR without penalty; in conjunction with counsel to the billing agency, we obtained the dismissal, at the motion to dismiss stage, of a related consumer class action

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