LEWIS BRISBOIS BISGAARD & SMITH LLP A T T O R N E Y S Data Privacy & Network Security
Data Privacy & Network Security Lewis Brisbois Data Privacy & Network Security Practice is known for its expertise in handling privacy litigation, including class actions and mass tort actions. In the area of data security and privacy, we complement this litigation expertise with a robust ability to promptly respond to and investigate any suspected data leakage and, where appropriate, work with consultants to contain the event and restore system function. Prompt and aggressive intervention may be sufficient to prevent a data security incident from developing into a full blown and more expensive data breach event requiring notifications and reports to regulators. When necessary, we will guide our clients through the maze of legal notification and data governance and compliance requirements. If litigation follows, we are well prepared to defend against individual, representative and putative class action suits. Our national presence with experienced attorneys across the United States provides a broad base that few competitors can match. Our privacy litigation experience is broad and diverse. It includes defending against putative class actions alleging unlawful disclosure of patient health information in violation of the Health Insurance Portability and Accountability Act (HIPAA) and/or parallel state privacy laws. We are currently defending multiple putative class actions alleging statutory privacy claims against nationally known health care providers and business associates. We also are currently defending against multiple class actions and individual suits alleging unlawful recording and/or monitoring of confidential telephone calls, violation of the Fair Debt Collection Practices Act (FDCPA) and similar state laws, the Fair and Accurate Credit Transactions Act (FACTA), and the multitude of state unfair business practices and unfair trade practices acts. When regulatory activity or litigation arises, our experience and ability to address electronic discovery (E-Discovery) issues in a cost effective manner enhances our effectiveness and ability to help contain costs associated with those events that require notification of affected parties. Our group provides before-the-fact guidance on good information management practices to help to ensure compliance with the wide variety of federal and state regulatory regimens governing how confidential protected health information and private financial records must be protected against inappropriate disclosures. We also assist with after the fact GAP Analysis of data security incidents and data breach events to help our clients comply with their obligations to upgrade and improve their data security infrastructures and avoid repetitions of the same type of event. Our attorneys speak regularly to regional and national audiences of brokers, healthcare providers and representatives of financial institutions about data security and breach response. Additionally, we have been engaged by an insurer to conduct workshops for its larger insureds to help them prevent data leakage and respond appropriately when it occurs.
Services Provided By Data Privacy & Network Security Practice GUIDANCE REGARDING COMPLIANCE OBLIGATIONS Lewis Brisbois attorneys assist clients in their efforts to ensure compliance with obligations under a wide variety of consumer and data protection statutes including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act (TCPA), and the Gramm Leach Bliley Act (GBA). We represent clients with respect to issues arising under the HIPAA, the Health Information Technology for Economic and Clinical Health Act (HITECH) and their state analogs. DATA SECURITY Concerns about identity theft, unauthorized entry into electronic data bases, and misuse of personal information have motivated the enactment of federal and state laws that expand civil liability (and in some cases create criminal sanctions) where there is a failure to provide protection for and regulate the use of confidential financial information and personally identifiable information (PHI). Clients who have access to personally identifiable information (PII) and PHI, either because they collect it from their clients or process information collected by others are subject to a panoply of privacy laws that differ by jurisdiction, industry and type of business activity. Lewis Brisbois attorneys help clients comply with the myriad of laws and regulations and mitigate the impact of noncompliant events. Our services include: Assessing and minimizing the risks of misappropriation of confidential personal information both before and after data security incidents occur. This includes identifying reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of such information. Providing employee training and management to address changing circumstances and new developments in privacy laws and its application and enforcement. Providing network and information system integrity analysis to assess and minimize the risks of customer information compromise with respect to information technology systems, including, but not limited to, paper files, computers and servers, internet access, and back-up files. Developing contingency planning to address foreseeable breaches of physical, administrative, or technical safeguards. Performing cost-benefit analyses, and balancing the size of the operation, the complexity of the private information used, the volume of the information, and the sensitivity of the data, with the practicability of the available measures. Offering continued compliance counseling to determine what, if any, other measures should put in place to protect or secure sensitive information. Lewis Brisbois attorneys also work with our clients to formulate incident response plans (IRP) and populate their incident response teams (IRT). Clients who have adhered to their IRPs and utilize their IRTs to manage data security incidents and ensuing regulatory investigations and litigation have found their conduct to be more defensible than those who were unprepared for these incidents.
RESPONDING TO A DATA SECURITY INCIDENT When data leakage occurs, we work closely with clients, forensic consultants and crisis management consultants to identify the cause of the breach, determine its scope and formulate the appropriate response to the incident and inquiries from affected parties, if any. On multiple occasions quick responses have prevented data, which was accessed in an unauthorized manner from reaching third parties. Using private and forensic investigators, we have tracked down people who have removed data in an unauthorized manner and secured its return before it was transmitted to others. When Lewis Brisbois coordinates the investigation, the attorney-client and work product privileges can be used to minimize the amount of information that must be made available to third parties in the event regulatory action or litigation ensues. By doing so, we have kept the raw information gathered during an investigation confidential against requests for access by regulators and counsel for potential litigants. We have successfully persuaded these inquiring parties to accept reports from counsel rather than the investigatory file information itself. We also coordinate with law enforcement where appropriate (including to pursue return of stolen data). Recently, Lewis Brisbois worked with local, state, federal and international authorities to secure the arrest and conviction of an international fugitive who attempted to misappropriate hundreds of thousands of medical records. When the magnitude of a data breach event has been determined and notification is required, Lewis Brisbois helps its clients to formulate notification letters and arrange for the appropriate call centers and web based FAQs. REGULATORY ACTIONS AND LITIGATION When prophylactic efforts to preserve the confidentiality of PII and PHI fail, regulatory action or litigation often follows. We work closely with clients to defend against individual, representative and putative class action suits involving allegations that personal information was disclosed or otherwise misused. We have represented clients from a variety of industries, including health care, insurance, retail, telecommunications, debt collection and financial services, helping them to avoid litigation where possible and defending them vigorously when necessary.
Related Partners JOHN F. MULLEN CHAIR John.Mullen@lewisbrisbois.com 215.977.4100 Philadelphia John Mullen is the Managing Partner of the firm s Philadelphia area office and Chair of the Data Privacy and Network Security Practice. Mr. Mullen focuses his practice on the preparation and defense of network security and data privacy breach events, which includes data loss, post-event damage control, and prevention strategies. His post breach work focuses on determining the scope of information loss, advising on customer notification (which includes dealing with public relations management), and working with the client to develop data retention and handling policies to help prevent further breaches. He has significant experience in complex e-discovery and insurance litigation. GORDON J. CALHOUN VICE CHAIR Gordon.Calhoun@lewisbrisobis.com 213.680.5141 Los Angeles Gordon Calhoun advises insurance companies, hospitals, health maintenance organizations and governmental entities about their obligations to protect privacy in the context of responding to civil discovery and subpoenas. This includes state and federal medical privacy laws, e.g., HIPAA and state laws dealing with mental health, sexually transmitted diseases, etc., financial records, e.g., Gramm-Leach-Bliley, insurance records, e.g., California Insurance Code section 791.13, among other types of personal records. He also advises clients with multinational records sources about the different regulatory regimens that may limit or prohibit cross border sharing of information. This also involves advising clients about what to do when a data breach occurs. This can subject a client to state and federal exposure in court and before administrative agencies like the FTC and office of Civil Rights. CHRISTOPHER DiIEENO Chris.DiIenno@lewisbrisbois.com 215.977.4100 Philadelphia Christopher DiIeeno is a partner in Lewis Brisbois office in the Philadelphia, PA region. He focuses his practice on data privacy and network security matters both before and following a breach. He has significant experience defending and assisting carriers and their insureds in privacy and data security matters, mass torts, and complex insurance defense matters. He also assists in the area of insurance coverage disputes.
SHERMAN G. HELENESE Sherman.Helenese@lewisbrisbois.com 206.876.2949 Seattle Mr. Helenese s practice focuses on complex technology transactions, and regulatory matters associated with intellectual property licensing (inbound and outbound). Mr. Helenese provides strategic business and legal advice to clients and has experience with content and software licensing; joint development projects; license program development; complex intellectual property transactions; mobile application development; mobile application licensing; outsourcing; internet services; e-commerce; cloud services (SAAS); software customization; software development; VAR/OEM agreements; and procurement of hardware, software, and related professional services. He handles intellectual property due diligence and licensing matters in connection with mergers, acquisitions, and joint ventures. He also assists clients with privacy, anti-trust, trademark, and general regulatory matters associated with the use, procurement, and licensing of intellectual property. CRAIG HOLDEN Craig.Holden@lewisbrisbois.com 213.599.7818 Los Angeles Craig Holden is a first-chair trial lawyer with a privacy and data breach practice that emphasizes both counseling and litigation for large businesses and entrepreneurs, including advising clients regarding compliance with federal and state laws regulating consumer privacy, children s privacy, credit reporting, data security, commercial email and text messages, and commercial advertising. Mr. Holden served previously as in-house counsel for a large consumer products company and was responsible for managing their privacy compliance and policies, and related privacy and data breach litigation. Mr. Holden has litigated privacy and data breach claims ranging from security breaches of complex computer networks to breaches of confidentiality and non-disclosure agreements. LAWRENCE D. JACKSON Larry.Jackson@lewisbrisbois.com 215.977.4063 Philadelphia Lawrence D. Jackson is a partner in Lewis Brisbois Philadelphia area office. Mr. Jackson has, for the past twenty-three years, represented national and international insurers and their insureds in connection with insurance coverage disputes and the defense of liability claims. He has managed and directed complex, multiparty insurance coverage and liability cases litigated in state and federal courts throughout the Unites States involving professional liability, data breach, and privacy claims. Mr. Jackson routinely serves as coverage and monitoring counsel to help clients minimize risk and reduce their exposure under various professional liability lines of coverage and cyber policies. He also defends professionals, including doctors, dentists, psychiatrists, chiropractors, nurses, insurance agents and brokers, architects and engineers, and other professionals in professional liability lawsuits.
JOSH M. KANTROW Josh.Kantrow@lewisbrisbois.com 312.463.3445 Chicago Josh M. Kantrow is a Partner in the Chicago office of Lewis Brisbois Bisgaard & Smith. He focuses on a wide range of financial lines and professional liability defense and coverage litigation, computer and internet-related liabilities, and bad faith and punitive damages cases. Josh is an experienced litigator and savvy negotiator often retained by clients in crisis management situations. Clients frequently retain Josh to litigate complex, high exposure cases throughout the United States and appreciate his ability to generate great results. JON P. KARDASSAKIS VICE CHAIR Jon.Kardassakis@lewisbrisbois.com 213.680.5040 Los Angeles Jon Kardassakis is Chair of the Class Action and Mass Tort Group and Vice Chair of the Data Privacy & Network Security Practice. He has successfully defended against a broad range of consumer class action and mass tort litigation including recent and pending privacy cases, as well as products liability, consumer fraud, employment litigation, and professional liability cases. In addition to class action and mass tort experience, he has tried more than thirty five cases to judgment (principally commercial, business, real estate and insurance litigation) and is an experienced appellate attorney who has successfully argued cases before the California Supreme Court. CLAUDIA D. MCCARRON Claudia.McCarron@lewisbrisbois.com 215.977.4100 Philadelphia Claudia D. McCarron is a partner in Lewis Brisbois Philadelphia area office. Ms. McCarron will counsel clients general counsel on data breach and security matters. She will apply her understanding of how cyber insurance and corporate law intersect, particularly in the conduct of internal investigations and the preservation of attorney-client privilege. She brings with her over 30 years of litigation experience counseling and representing clients pre-trial, at trial and on appeal. She will also focus her practice on risk assessment and quality control as well as developing concerns such as the impact of social networks on privacy and reputation.
JIM PRENDERGAST Jim.Prendergast@lewisbrisbois.com 215.977.4058 Philadelphia Jim Prendergast is a partner in Lewis Brisbois Philadelphia area office. He focuses his practice on representing insurers in multifaceted issues involving data privacy and security, professional liability, mass tort, errors and omissions and fraud. He has a broad range of experience advising and counseling the insurance industry on issues involving claims as well as providing representation on sensitive business issues, including alleged ethical breaches. BRYAN P. SUGAR Bryan.Sugar@lewisbrisbois.com 312.463.3473 Chicago Bryan Sugar serves as Co-Chair of the firm-wide Intellectual Property Practice. Mr. Sugar s practice focuses on the administration of domestic and international trademark registration programs, intellectual property issues in acquisitions and secured transactions, and litigation and counseling involving copyrights, trademarks, patents, domain names, e-commerce, licensing, rights of publicity and rights in computer software and databases. STEPHEN H. TURNER Stephen.Turner@lewisbrisbois.com 213.680.5081 Los Angeles Stephen Turner has extensive experience in litigating claims involving disclosure of confidential financial, personal and medical information. These cases include over 50 class actions in both state and federal court. ROY G. WEATHERUP Roy.Weatherup@lewisbrisbois.com 213.680.5130 Los Angeles Roy Weatherup co-authored Privacy Compliance and Litigation in California, which is the definitive source for California attorneys to understand the numerous state and federal laws and regulations that govern the collection, security, use, and disposal of personal information and the constitutional and common law that provide basic privacy protections. It sets out these state and federal laws, organizes them for easier understanding, and clarifies the legal obligations that impact the clients of business attorneys, in-house counsel, attorneys representing injured plaintiffs, and non-attorney human resource professionals and privacy compliance officers.
JOHN F. MULLEN Partner Philadelphia John.Mullen@lewisbrisbois.com 215.977.4056 John Mullen is the Managing Partner of the firm s Philadelphia office. Mr. Mullen is also chair of the Data Privacy & Network Security Practice. ASSOCIATIONS Federation of Defense & Corporate Counsel, Member Defense Research Institute, Member, Steering Committee; Vice Chair, Social Media Council on Litigation Management ADMISSIONS New Jersey PRIMARY PRACTICE Data Privacy and Network Security SPEAKING ENGAGEMENTS & PRESENTATIONS Privacy and Data Security Risks Under the Insurance Umbrella, Philadelphia I-Day: Finding Advantage in a World of Change, Panelist, March 22, 2012 Network Security and Privacy Panel, Media Financial Management Association (MFM) 2012 CFO Summit, February 22, 2012 Cyber Liability The Sequel: One Year Later, What s Changed? A.M. Best Company Webinar, February 1, 2012 The Globalization of Privacy Legislation, Professional Liability Underwriters Society (PLUS) 2011 International Conference, November 3, 2011 State of the Cyber Nation Address, NetDiligence West Coast Cyber Risk & Privacy Liability Forum, Panelist, October 4, 2011 Assessing and Responding to a Data Breach: From Start to Finish, American Conference Institute (ACI) 5th Annual Advanced Forum on Cyber & Data Risk Insurance, Co-Presenter, September 27, 2011 Privacy and Network Risk Exposures, Court Cases, Insurance and More, CPCU Society Webinar, May 26, 2011 Data and Network Security (Cyber) Risk Identifying, Assessing and Combating the Exposures, TMPAA Mid-Year Meeting, May 11, 2011 A Discussion on Legal and Technology Risk Management & Risk Transfer, Risk and Insurance Management Society (RIMS), Delaware Valley Chapter, Co-Presenter, February 8, 2011 What Professionals Should Know About Cyber Liability, A.M. Best Company Webinar, January 27, 2011 Data Breach Preparedness - Understanding the Risk and Preparing for the Crisis, In-House Presentation for an International Insurer, January 26, 2011
Electronic Media (Cyber) Litigation, CPCU Society, Philadelphia Chapter, October 19, 2010 Data & Network Security (Cyber) Risk- Identifying, Assessing and Combating the Exposures, CPCU Society Annual Meeting, September 28, 2010 Assessing the Impact of Recent Litigation Over Privacy/Security Breaches Current Theories of Liability and Claims, Cyber and Data Risk Insurance, September 27, 2010 Cyber Liability in the Health Care Sector: Best Practices for Risk Management and Identifying Industry- Specific Exposures, Webinar, July 21, 2010 Issues in Risk Management: Privacy and Data Breach Understanding the Risk and Managing a Crisis, July 20, 2010 Risk Management for Data Security and Privacy Exposures, Webinar, July 15, 2010 Network Security and Data Privacy: Past, Present and Future, July 13, 2010 Data Breach Liability: An Unstable Legal Environment, HB Litigation, The NetDiligence Cyber Risk & Privacy Liability Forum, June 7, 2010 - June 8, 2010 Issues in Risk Management: Privacy & Data Breach - Understanding the Risks and Managing a Crisis, New York Chapter - RIMS, May 20, 2010 Positioning to Win, In-House Presentation for an International Insurer, May 18, 2010 Issues in Risk Transfer: Contractual and Common Law Indemnification, Webinar, May 18, 2010 Network Security and Data Privacy: Past, Present and Future, In-House Program for an International Insurer, May 5, 2010 Data Breach Events: Before and After, Webinar, May 5, 2010 The Risk Managing of Data Security & Breaches in Health Care, Webinar, March 31, 2010 Online Social Networks and Cyber Risk? Here in the Facebook Era the Topic is Looming Large as is the Interface with Policyholders, Carriers and Cyber Risk Coverages, 2010 ABA/TIPS ICLC Meeting, Co- Presenter, February 25, 2010 - February 27, 2010 Network Security/Cyber Law, Webinar, February 24, 2010 Network Security and Privacy 101: An Introduction and Primer on Information Loss, RIMS Ohio River Valley Chapter, February 19, 2010 Data/Cyber Risk: Assessing, Identifying & Combating the Exposures, NLdH Complex Litigation Seminar, November 5, 2009 ACI Cyber/Data Risk Insurance Conference, Featured Speaker, Philadelphia, PA, September 16, 2009 - September 17, 2009 Cyber Law, Professional Liability Underwriting Society, August 7, 2009 Chinese Drywall Litigation and Insurance Coverage Update, July 28, 2009 Chinese Drywall Litigation, Lawyer 2 Lawyer, July 15, 2009 Chinese Drywall Litigation, HB Litigation Conferences, June 2, 2009 Preparing for the Inevitable Data Breach, Video Podcast, ACE USA, April 1, 2009 Reducing Litigation Risk in a Digital Age, ACG of Iowa, January 15, 2009 Contracts, Delaware Valley Association of Structural Engineers, October 15, 2008 Information and Technology Risk: Challenges for a Connected World, Gallagher Risk Management Services, June 16, 2008 How E-Mail is Raising Your Lawsuit Risk, National Electrical Contractors Association, May 16, 2008 What You Need to Know to Avoid, Prepare For, Afford, Survive and Succeed in a Lawsuit, Delaware Valley
Association of Structural Engineers, April 30, 2008 How Electronic Document Management has Revolutionized the Construction Industry and How It will Impact the Future, General Building Contractors Association, 2008 A Practical Guide For Preparing For and Managing a Lawsuit, National Demolition Association, 2008 E-Discovery, ISOTECH, 2007 PUBLICATIONS Digging Deep: Fracking Litigation Trends, Claims Magazine, Co-Author, February 1, 2012 [Cyber] Space Invaders, Best s Review, Co-Author, December, 2011 Aspatore Thought Leadership: Insurance Law 2011, Co-Author, Aspatore Books, 2011 Recognizing the Complexities of E-Discovery Preservation, E-Discovery Connection, Co-Author, December 22, 2010 New Interpretations of the Identity Theft Enforcement and Restitution Act Could Present Risks for Insurers, Best s Review, August, 2010 Reducing Liability for Insurers in Disaster Coverage Events, Inside the Minds, Strategies for Structuring Insurance Disaster Coverage, Aspatore Books, 2009 Risk Management 101, Best s Review, 2008 The Electronic Paper Chase: What You Don t Save Can Hurt You, Constructor, 2008 Insurance Coverage is Not One Size Fits All, ForConstructionPros.com, 2008 Sorting Out Liability After a Disaster, Structure, 2007
CHRISTOPHER DiIENNO Partner Philadelphia Chris.DiIenno@lewisbrisbois.com 215.977.4059 Christopher DiIenno focuses on defending and assisting clients in Privacy and Data Security matters, with a particular focus on data exposure events. When a health provider is faced with a loss of a laptop containing names and social security numbers, or a retailer is hacked and credit card information is stolen, he assists these clients in identifying appropriate and required next steps. These steps can include engaging forensics, notification, call center and identity protection providers, identifying applicable legal duties, demonstrating compliance to regulators, and defending litigation initiated by affected individuals and business partners. ADMISSIONS New Jersey EDUCATION Temple James E. Beasley School of Law, Juris Doctor, 2007 Villanova University, Bachelor of Arts, 1991 PRIMARY PRACTICE Data Privacy and Network Security
KEVIN E. DOLAN Associate Philadelphia Kevin.Dolan@lewisbrisbois.com 215.977.4069 Kevin Dolan is an associate in the Data Privacy and Network Security practice group. When a data security event has occurred, Mr. Dolan assists clients in; determining the manner in which the intrusion took place; identifying the individuals whose information was accessed; determining what state, federal and foreign laws govern the client s notice of the incident; and preparing legally sufficient notices to affected individuals and appropriate regulators. ADMISSIONS New Jersey U.S. District Court for the Middle District of PRIMARY PRACTICE Data Privacy and Network Security ADDITIONAL PRACTICE Healthcare Mr. Dolan also provides pre-security event privacy and data security services, including assessment of a company s forensic and legal vulnerability as well as recommendations for proactive measures to address and mitigate risk. Mr. Dolan frequently presents on Data Privacy and Network Security issues, and has coordinated in-house compliance and training programs on these topics. SPEAKING ENGAGEMENTS & PRESENTATIONS RIMS Rebex October 2013 - Privacy Breach, The Aftermath Massachusetts Municipal Association January 2014 - Data Breaches: Is Your Community Vulnerable? CPA Roundtable January 2014 - Data Breach Coverage, Preparation and Response EDUCATION Temple University Beasley School of Law, Juris Doctor, 2010 University of Delaware, Bachelor of Arts, 2004
LAWRENCE D. JACKSON Partner Philadelphia Lawrence.Jackson@lewisbrisbois.com 215.977.4063 Lawrence D. Jackson is a partner in the Professional Liability, Life Science, and Data Privacy and Network Security Practice Groups. For over 23 years, Larry has represented insurers and their insureds in connection with professional liability claims and insurance coverage disputes. ADMISSIONS New Jersey New York U.S. Court of Appeals, Third Circuit U.S. District Court, Eastern District of U.S. District Court, Southern and Eastern District of New York U.S. District Court, District of New Jersey PRIMARY PRACTICE Life Sciences Professional Liability Insurance Coverage Data Privacy and Network Security More recently, Larry has managed and directed complex, multi-party liability and insurance coverage cases litigated in state and federal courts throughout the United States involving professional liability, data privacy and network security claims. He also has significant experience involving catastrophic injury claims implicating excess liability coverage issues. Larry routinely serve as coverage and monitoring counsel to help his clients minimize risk and reduce their exposure under various professional liability lines of coverage, cyber, and data privacy policies. Larry defends professionals including health care professionals, lawyers, engineers and contractors, officers and directors, insurance and real estate agents and other professionals in professional liability lawsuits. ASSOCIATIONS New Jersey State Bar Association New York State Bar Association Bar Association Philadelphia Bar Association AWARDS & HONORS Philadelphia s Top Rated Lawyers of 2014 PUBLICATIONS Co-Author, Recent Developments in Excess, Surplus Lines and Reinsurance Litigation, Tort Trial & Insurance Practice Law Journal, Vol. 45, Issue 2 (Winter 2010). Author, Knowledge is Power, What Do Today s Directors and Officers Neet to Know About Their Company s D&O Insurance? 181 N.J.L.J. 420 (Corporate Law, August 1, 2005). Author, Third Circuit Adopts Second Circuit Standard for Pleading Securities Claims Under the PLSRA, and Raises the Bar for Plaintiffs Who Rely Upon Information Attributed to Documentary Evidence or
Unnamed Confidential Sources, Professionals, Officers, Directors, Liability Committee Newsletter, Spring 2005. Co-Author, Recent Developments in Insurance Coverage Litigation, Tort, Trial & Insurance Practice Law Journal, Vol. 40, No. 2, p. 521 (Winter 2005). Co-Author, Foreign Shareholder Securities Fraud Litigation: Welcome to Our Federal Courts, Plus Journal (November 2005). SPEAKING ENGAGEMENTS & PRESENTATIONS Whose Line Is It? General or Professional Liability Insurance Coverage, 2009 New York Professional Liability and D&O Conference (October 27, 2009) Claims Made and Professional Liability Insurance Coverage--What You Should Know to Protect Yourself and Your Clients, Bar Institute (August and September 2008). Directors and Officers Liability Insurance Update, for CNA Insurance Company, New York, N.Y. (November 17, 2005). What Do Today s Directors and Officers Need to Know about Their Company s D&O Insurance? New Jersey Corporate Counsel Association, Legal Express Super Course, New Brunswick, N.J. (May 12, 2005). Condominium Insurance Coverage Issues, Loss Conference, Bala Cynwyd, Pa. (March 2000). EDUCATION Widener University, Juris Doctor, cum laude, 1989 Villanova University, Bachelor of Science, 1984
RYAN C. LOUGHLIN Associate Philadelphia Ryan.Loughlin@lewisbrisbois.com 215.977.4068 Ryan Loughlin s practice focuses on assisting clients with data security events. Mr. Loughlin works with clients to navigate the various state, federal and international laws that govern the protection of data. Mr. Loughlin assists clients with locating the source of a data security event, identifying the affected individuals, determining what information may have been compromised, advising clients on the applicable laws that govern their notice obligations and preparing legally sufficient notices to the affected individuals and to any necessary regulators. ADMISSIONS New Jersey U.S. District Court for the Eastern District of EDUCATION University of Villanova School of Law, Juris Doctor, 2009 Villanova Environmental Law Journal Symposium Editor Tufs University, Bachelor of Arts, cum laude, 2004 PRIMARY PRACTICE Data Privacy and Network Security
CLAUDIA D. McCARRON Partner Philadelphia Claudia.McCarron@lewisbrisbois.com 215.977.4062 Claudia McCarron is a partner in the firm s Philadelphia office. ASSOCIATIONS American Bar Association Montgomery County Bar Association Defense Research Institute RIMS, The Risk Management Society ADMISSIONS U.S. District Court, Eastern, Middle and Westen Districts of U.S. District Court, District of Columbia U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Third Circuit U.S. Supreme Court AWARDS & HONORS Philadelphia s Top Rated Lawyers of 2014 Elected to The Fellows of the American Bar Association EDUCATION Villanova University School of Law, Juris Doctor, cum laude, Order of the Coif, 1980 Managing Editor, Villanova Law Review Scribes Award for Outstanding Legal Writing Villanova University, Bachelor of Arts, 1976 PRIMARY PRACTICE Data Privacy and Network Security
KATHRYN MELLINGER Associate Philadelphia Kate.Mellinger@lewisbrisbois.com 215.977.4070 Kathryn Mellinger is an associate in the firm s Philadelphia office. ASSOCIATIONS American Bar Association National Association for Subrogation Professionals OFFICES HELD Managing Editor of Outside Articles Villanova Environmental Law Journal ADMISSIONS New Jersey United States District Court for the Eastern District of United States District Court for the Middle District of United States District Court for the District of New Jersey Third Circuit Court of Appeals AWARDS & HONORS Dorothy Day Award for Pro Bono Service COMMUNITY ACTIVITIES Adjunct professor at The College of New Jersey EDUCATION University of Richmond, Bachelor of Arts in Englsh Villanova University School of Law, Juris Doctor PRIMARY PRACTICE Data Privacy and Network Security
JIM PRENDERGAST Partner Philadelphia Jim.Prendergast@lewisbrisbois.com 215.977.4058 Jim Prendergast is a partner in Lewis Brisbois Philadelphia area office. He focuses his practice on representing insurers in multifaceted issues involving data privacy and security, professional liability, mass tort, errors and omissions and fraud. He has a broad range of experience advising and counseling the insurance industry on issues involving claims as well as providing representation on sensitive business issues, including alleged ethical breaches. ADMISSIONS Eastern District of Middle District of Third Circuit PRIMARY PRACTICE Data Privacy and Network Security LEGAL EXPERIENCE Summer law clerk for the Honorable Robert S. Gawthrop III in the US District Court for the E.D. of PA in 1990. Assistant District Attorney in Philadelphia, PA and private practice as a trial attorney. Mr. Prendergast focuses his practice on cyber breaches and data privacy. PRIOR EXPERIENCE Teacher and coach 1985-1989. OFFICES HELD Elected committeeman in Chester County PA from 1997 to 2007. Elected to the Chester Valley Little League Board of Directors from 1999 to 2008. Served on the Board of Directors of the Chester County Crime Victims Center from 1999-2001. AWARDS & HONORS Temple Law School Trial Team. Temple Law School cum laude, 1992. COMMUNITY ACTIVITIES Little League, church, county and local politics. EDUCATION Temple Law School, Juris Doctor, cum laude, 1992 University of, Bachelor of Arts in History, 1983, Master of Science in Secondary Education, 1985
LAURA A. RIEBEN Associate Philadelphia Laura.Rieben@lewisbrisbois.com 215.977.4066 When a data security event has occurred, Ms. Rieben assists clients in; determining the manner in which the intrusion took place; identifying the individuals whose information was accessed; determining what state, federal and foreign laws govern the client s notice of the incident; and preparing legally sufficient notices to affected individuals and appropriate regulators. ADMISSIONS New Jersey State Courts New Jersey State Courts United States District Court for the Western District of PRIMARY PRACTICE Data Privacy and Network Security Ms. Rieben also provides pre-security event privacy and data security services, including assessment of a company s forensic and legal vulnerability as well as recommendations for proactive measures to address and mitigate risk. Ms. Rieben frequently presents on Data Privacy and Network Security issues, and has coordinated in-house compliance and training programs on these topics. ASSOCIATIONS American Bar Association Bar Association New Jersey Bar Association SPEAKING ENGAGEMENTS & PRESENTATIONS Cyber and Data Security Law - Two Day CLE, November 2013 EDUCATION Temple University, 2006 Widener University School of Law, Juris Doctor, 2009
SIAN SCHAFLE Associate Philadelphia Sian.Schafle@lewisbrisbois.com 215.977.4067 Sian Schafle is an associate in the firm s Philadelphia office. EDUCATION Widener University School of Law, Juris Doctor, 2007 Dickinson College, Bachelor of Arts, 2001 ADMISSIONS New Jersey PRIMARY PRACTICE Data Privacy and Network Security
Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 900 attorneys and 31 offices, in 17 states and the District of Columbia. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in more than 30 specialties, and a multitude of subspecialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We have a Diversity & Inclusion Committee that is focused upon advancing diversity and inclusion within the law firm. The success of the firm s diversity initiatives is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented. For more about Lewis Brisbois, please visit us at.
Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia 30309 T: 404.348.8585 F: 404.467.8845 BEAUMONT 550 Fannin Street, Suite 800 Beaumont, Texas 77701 T: 409.838.6767 F: 409.838.6950 BOSTON 75 Arlington Street, Suite 500 Boston, Massachusetts 02116 T: 857.313.3950 F: 857.313.3951 CHARLESTON 209 Capital Street, Third Floor Charleston, West Virginia 25301 T: 304.553.0166 F: 304.343.1805 CHICAGO 550 West Adams Street, Suite 300 Chicago, Illinois 60661 T: 312.345.1718 F: 312.345.1778 DALLAS 901 Main Street, Suite 4100 Dallas, Texas 75202 T: 214.347.4508 F: 972.638.8664 FORT LAUDERDALE 200 Las Olas Circle 200 S.W. First Avenue Suite 910 Fort Lauderdale, Florida 33301 T: 954.728.1280 F: 954.728.1282 HARTFORD 100 Pearl Street Suite 1438 Hartford, Connecticut 06103 Tel: 860.748.4806 Fax: 860.748.4857 HOUSTON Weslayan Tower, Suite 1400 24 East Greenway Plaza Houston, Texas 77046 T: 713.659.6767 F: 713.759.6830 LA QUINTA, CA 78075 Main Street Suite 203 La Quinta, California 92253 T: 760.771.6363 F: 760.771.6373 LAFAYETTE 100 E. Vermilion Street Suite 300 Lafayette, Louisiana 70501 T: 337.326.5777 F: 337.504.3341 LOS ANGELES 221 North Figueroa Street Suite 1200 Los Angeles, California 90012 T: 213.250.1800 F: 213.250.7900 MADISON COUNTY, IL Mark Twain Plaza II 103 W. Vandalia Street Suite 300 Edwardsville, Illinois 62025 T: 618.307.7290 F: 618.692.6099 NEWARK One Riverfront Plaza Suite 350 Newark, New Jersey 07102 T: 973.577.6260 F: 973.577.6261 NEW ORLEANS 400 Poydras Street Suite 1320 New Orleans, Louisiana 70130 T: 504.322.4100 F: 504.754.7569 NEW YORK 77 Water Street Suite 2100 New York, New York 10005 T: 212.232.1300 F: 212.232.1399 PHILADELPHIA 1055 Westlakes Drive Suite 300 Berwyn, 19312 T: 215.977.4100 F: 215.977.4101 PHOENIX Phoenix Plaza Tower II 2929 North Central Avenue Suite 1700 Phoenix, Arizona 85012 T: 602.385.1040 F: 602.385.1051 PROVIDENCE 10 Dorrance Street Suite 700 Providence, Rhode Island 02903 Tel: 401.406.3310 Fax: 401.406.3312 SACRAMENTO 2850 Gateway Oaks Drive Suite 450 Sacramento, California 95833 T: 916.564.5400 F: 916.564.5444 SAN BERNARDINO 650 East Hospitality Lane Suite 600 San Bernardino, California 92408 T: 909.387.1130 F: 909.387.1138 SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California 94104 T: 415.362.2580 F: 415.434.0882 SEATTLE 2101 Fourth Avenue Suite 700, Seattle, Washington 98121 T: 206.436.2020 F: 206.436.2030 TAMPA 3812 Coconut Palm Drive Suite 200 Tampa, Florida 33619 T: 813.739.1900 F: 813.739.1919 TEMECULA One Ridgegate Drive Suite 245 Temecula, California 92590 T: 951.252.6150 F: 951.252.6151 TUCSON One South Church Avenue Suite 2100 Tucson, Arizona 85701 T: 520.399.6990 F: 520.838.8618 DENVER The Brind Mansion 825 Logan Street Denver, Colorado 80203 T: 303.861.7760 F: 303.861.7767 LAS VEGAS 6385 South Rainbow Blvd. Suite 600 Las Vegas, Nevada 89118 T: 702.893.3383 F: 702.893.3789 ORANGE COUNTY 650 Town Center Drive Suite 1400 Costa Mesa, California 92626 T: 714.545.9200 F: 714.850.1030 SAN DIEGO 701 B Street Suite 1900 San Diego, California 92101 T: 619.233.1006 F: 619.233.8627 WASHINGTON, D.C. 601 Avenue, NW Suite 900, South Building Washington, D.C. 20004 T: 202.220.3165 F: 202.400.2288
CLIENT FOCUSED RESULTS DRIVEN 030314