Cybersecurity and Data Privacy

Transcription

1 Cybersecurity and Data Privacy Cybersecurity is a major risk for virtually every business and governmental entity. There are media reports of cyber threats to clients proprietary and customer data almost daily. Financial institutions, governmental entities, corporate boards, general counsel, executives, and managers must develop policies and procedures to protect their networks and data and respond to cyber-attacks. Businesses and governments must also comply with increasingly complex state and federal requirements to protect data and respond to data breaches. Litigation exposure, including class actions, is an ever-present and growing risk. Our Cybersecurity and Data Privacy Team combine litigation, regulatory, crisis management and technical expertise to meet the multi-faceted needs of our clients. Our team s experience provides the skills and tools necessary to solve clients problems whether helping to assess and reduce network security risk, shifting risk to insurers or third parties, or responding to a potential breach or its aftermath. When a data breach occurs, we are prepared to help our clients respond rapidly. We assist with forensic and internal investigations, risk and crisis management, public relations, interact with regulators and comply with state and federal disclosure requirements. When litigation or arbitration arises, our attorneys effectively manage and defend class actions, shareholder or securities litigation, consumer protection lawsuits, and other data privacy claims. We also guide our clients through governmental investigations. Our Team Bud Bennington bbennington@shutts.com With a practice spanning four decades, Bud Bennington is the go-to lawyer for a wide variety of clients facing complex legal challenges. His interest in cybersecurity and data privacy was sparked after successfully helping a large client navigate the lengthy aftermath of a security breach that threatened the ongoing survival of the company. After leading the firm s Business Litigation practice group for many years, Bud now assists in leading our Cybersecurity and Data Privacy Team in order address the needs of clients in dealing with this evolving challenge. Bud helps clients take proactive steps to manage cybersecurity risks as well as develop an effective, rapid response to contain any damage. He helps clients manage these risks on the front end, respond appropriately, or litigate aggressively when necessary. He also regularly gives presentations on cybersecurity issues. Frank Zacherl fzacherl@shutts.com Frank A. Zacherl co-chairs the firm s Class Action Practice Group and is also a leading member of the firm s Insurance Practice Group. He has a long track record of success in handling complex litigation matters and also assists in leading our Cybersecurity and Data Privacy Team. Frank has successfully litigated numerous individual and class-action lawsuits alleging data privacy and electronic commerce violations. He has also provided advice and consultation to several national and international companies on issues relating to e-commerce, including the preservation, organization and maintenance of electronically stored information, state and federal compliance issues, litigation avoidance, and data security. Frank is well-versed in federal and state privacy and security laws and has advised and represented numerous clients on compliance with federal and state privacy laws, including the GLBA, HIPAA, ADA, CAFA, FCRA and FIPA.

2 Kevin D. Rosen Kevin is a member of the Financial Services Practice Group and Cybersecurity and Data Privacy Taskforce. Prior to joining Shutts, he served as Senior Regional Counsel in the Department of Enforcement at the Financial Industry Regulatory Authority (FINRA), Associate Regional Director with FINRA Dispute Resolution, and Senior Attorney with the Florida Department of Banking and Finance. At FINRA, Kevin was at the frontline of cybersecurity regulation, having served nationally as FINRA s Regulatory Specialist on FINRA s Cybersecurity and Information Technology Disposition Group. He evaluated FINRA s cybersecurity examinations, findings, recommendations, and disciplinary actions. Kevin is an International Association of Privacy Professionals Certified Information Privacy Professional/United States (CIPP/US) and a FINRA Certified Regulatory Compliance Professional (CRCP). He is also a frequent speaker on cybersecurity and securities regulation at FINRA, industry, legal, academic, and law enforcement conferences. Sidney Calloway scalloway@shutts.com Sidney Calloway is Co-Chair of the Government Law Practice Group. He has been an AV rated attorney by Martindale Hubbell for more than 15 years and has been recognized by Florida Super Lawyers in Civil Litigation Defense. He focuses his practice on complex, high-exposure commercial litigation in state and federal court. He represents private sector clients and public agencies throughout the state. Sidney has served as lead counsel in hundreds of jury trials involving eminent domain, land use and zoning, CERCLA, telecommunications, property and casualty insurance defense and construction defects. Additionally, Sidney provides legal counsel to corporate clients in ethics, governance, risk management, internal investigations and in their governmental affairs with state, regional and local government agencies. Sidney is a recipient of the Urban League of Broward County s Margaret Roach Humanitarian Award and currently serves on its board of directors and executive committee. He has additional public service experience as a member of the Florida Transportation Commission, the Early Learning Coalition of Broward County, City of Fort Lauderdale Economic Development Advisory Board, and currently as a member of the Judicial Nominating Commission for the Seventeenth Circuit. His community commitment includes service as general counsel, treasurer and board chair of the Greater Fort Lauderdale Chamber of Commerce. Daniel Hernandez dhernandez@shutts.com Daniel Hernandez is a partner in the Tampa office of Shutts & Bowen LLP, where he practices general administrative law and is a member of the Corporate Practice Group. Daniel has focused his practice on assisting companies and individuals in their dealings and engagements with Florida administrative agencies, including the Florida Department of Health, the Florida Agency for Health Care Administration and the Florida Department of Business and Professional Regulation. His prior professional experience as General Counsel to the Florida Department of Health provided him with a unique understanding of the regulations governing health information management and how state and federal agencies interpret those regulations. He has experience reviewing and documenting HIPAA and HITECH compliance and is particularly adept at handling regulatory investigations, disciplinary proceedings, administrative hearings and post-hearing proceedings concerning health information management.

3 Patricia A. Leonard A Martindale-Hubbell AV Preeminent rated attorney, Patti Leonard has been named among the Best Lawyers in America in commercial litigation and has been listed in Florida Super Lawyers as one of the Top 50 Women Lawyers in Florida. In 2012, she received the Leaders in the Law award from the Florida Association for Women Lawyers for her legal and volunteer service. Patti has a diverse business and commercial litigation practice. She has litigated trade secret, unfair competition, defamation and copyright infringement cases and has represented clients in data breach litigation matters. She also represents businesses in their contractual disputes, including non-compete and other employment contracts, employment discrimination defense, partnership and corporate disputes, pharmaceutical and nutraceutical litigation matters, food and supplement labeling litigation, and real estate litigation. Harold E. Morlan, III hmorlan@shutts.com Hal Morlan has a background in complex commercial litigation and related electronic discovery issues and a keen interest in technology and public policy. He has represented numerous clients in cybersecurity and data breach matters and helps clients manage data security risk, effectively respond to security incidents, and aggressively litigate when necessary. Daniel Nordby dnordby@shutts.com Daniel Nordby s extensive governmental background assists our Cybersecurity and Data Privacy Team in addressing the needs of our governmental clients and assists our clients in addressing Florida laws and regulations governing cybersecurity and data privacy. As a former General Counsel to the Florida House of Representatives and the Florida Department of State, Daniel worked closely with legislators and agency staff to develop legal policy in a variety of substantive areas. He currently represents business and governmental clients on constitutional, regulatory, and administrative law matters, including competitive procurement and bid protests, rulemaking and rule challenge proceedings, and governmental ethics and election law matters. Jennifer D. Newton Associate jnewton@shutts.com Jennifer Newton is a member of our Financial Services Practice Group. Her practice includes consumer finance and banking regulatory, transactional and compliance matters. She has extensive litigation, regulatory compliance, public policy and legislative experience in a broad range of consumer financial services matters and product lines. Jennifer is well-versed in federal and state privacy and security laws and has advised a number of financial institutions on compliance with federal and state privacy laws, including the GLBA, HIPAA, ADA, CFAA, FCRA and FIPA. Jennifer also advises financial institutions on compliance with data breach notification and response requirements under both federal and state laws. Prior to joining the firm, Jennifer was counsel for the Consumer Financial Protection Bureau (CFPB), where she worked on fair lending and other consumer financial services matters. She also previously worked for a large financial services company, where she worked on a variety of regulatory compliance matters and oversaw the development of policies and procedures designed to address CFPB and other regulatory requirements.

4 Daniel Stabile Daniel Stabile has extensive experience litigating claims brought under the Telephone Consumer Protection Act (TCPA), including defending a series of multi-billion dollar class action lawsuits brought in various forums against a major insurance company. He has published articles on the TCPA in the Florida Bar Journal, In-House Defense Quarterly, and the Computer and Internet Lawyer. Daniel also has significant experience with data breach notification statutes, having advised a major entertainment company regarding its legal obligations following a potential data breach implicating information of customers residing in all 50 states. Daniel is also well-versed in federal and state privacy and security laws and regulations and has advised a number of financial institutions regarding their related compliance responsibilities. Janelle A. Weber jweber@shutts.com Janelle A. Weber is an experienced litigator who defends consumer protection cases and advises clients on their internal policies, including financial privacy. Her cases often involve technology and social media, including Internet and mobile marketing, online defamation and invasion of privacy, auto dialer systems, and domain names. She also has prior media experience as a former newspaper reporter.

5 Additional Resources Jonathan Cohen Jonathan Cohen is the firm s General Counsel. He is also a member of the Business Litigation Practice Group and serves as an ex officio member of the firm s Technology Committee. As the firm s General Counsel, Jonathan is involved on a daily basis with protecting the firm s and its clients cybersecurity and data privacy needs. He works with attorneys and technology staff to protect the confidentiality of client information and respond to clients confidentiality and data privacy concerns. In addition, Jonathan has more than 30 years of experience representing private investors and financial institutions in the area of securities fraud litigation and other areas of commercial litigation. Peter M. Abreu Chief Information Officer pabreu@shutts.com Peter M. Abreu has been the firm s Chief Information Officer since 2002 and has more than 34 years of law firm technology experience. As the firm s CIO, Peter is responsible for all aspects of the firm s network security including data breach and privacy protections. Peter has experience in secure widearea network design, client initiated IT security review and audit response, information security policy development and oversight, IT disaster preparedness planning and testing, data center operations, and IT asset management. Peter works closely with the firm s General Counsel on IT risk assessment and management. Peter is available to assist our clients in addressing their cybersecurity needs.