Privacy Litigation & Governmental Investigations

Overview


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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Results


  • 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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People


A diverse, global network of industry-leading talent committed to you and your vision.

Key Contacts


Michael G. Morgan

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Edward G. Zacharias

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Mark E. Schreiber

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David Quinn Gacioch

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Privacy Litigation & Governmental Investigations

Insights & Events / Media

London, United Kingdom / McDermott Event / November 13, 2018

Paris, France / McDermott Event / October 25, 2018

Brussels, Belgium / Speaking Engagements / October 23, 2018

Chicago, Illinois / Speaking Engagements / June 7, 2018

International News / April 2018

Webinar / McDermott Event / March 21, 2018

Webinar / McDermott Event / February 28, 2018

Webinar / Speaking Engagements / November 30, 2017

Washington, District of Columbia / Speaking Engagements / November 2-5, 2017

Webcast / McDermott Event / August 10, 2017

Webcast / McDermott Event / June 28, 2017

Boston, Massachusetts / Speaking Engagements / May 24, 2017

Boston, Massachusetts / Speaking Engagements / May 2, 2017

Los Angeles, California / Speaking Engagements / May 1, 2017

IP Update / April 2017

Boston, Massachusetts / Speaking Engagements / March 23, 2017

Webcast / McDermott Event / March 22, 2017

Webcast / McDermott Event / March 8, 2017

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