Experience

Conducted Privacy Assessment and Advanced Compliance Efforts for Animal Health and Nutrition Clients

Advised multiple clients in the animal health and nutrition space in developing and updating privacy programs to address compliance with the ever-changing regulatory landscape – from state-specific to international cross-border requirements. Conducted reviews and assessments, and drafted and implemented policies and procedures tailored to industry-specific and client needs.

Advised Nonprofit Founder on Congressional Testimony

Advised the founder of a public interest-focused privacy nonprofit on the preparation of testimony that was presented before the House Energy and Commerce Committee regarding protections for children in existing privacy laws and the American Data Privacy and Protection Act, a federal omnibus privacy bill.

Data Governance Research for Consumer Rewards Program

Researched discrete data governance issues for an organization’s consumer rewards program. Analyzed issues at the intersection of state and federal gift certificate and consumer rewards laws.

GDPR Training for Multinational Nonprofit

Delivered GDPR training to a multinational nonprofit concerning the encryption of sensitive personal information including arrest records, convictions and victim health information.

Counsel to Expert Witness in Multistate Data Breach Settlement

Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.

Created Governance Documents for National Institute of Corrections

Drafted governance documents and intergovernmental agreements relating to criminal justice information sharing among local justice and community health stakeholders adopted by the National Institute of Corrections in its revision of the Guidelines for Developing a Criminal Justice Coordinating Committee.

Advised Menswear Retailer in SMS Program Launch, Compliance

Advised a major American menswear retailer in launch a transactional SMS program allowing them to communicate via text message with customers who have opted-in. Armstrong Teasdale navigated a strict regulatory environment by identifying regulatory requirements for SMS programs, evaluating internal business processes to streamline compliance, and drafting the requisite consent language. The program required significant cross-collaboration to meet the expected deadlines.

Launch of New Social Media Network

Supervised and provided legal guidance for the successful launch of a new social media network that focuses on giveaways and user/company promotion and advertising.

Obtained Early Dismissal for Health Care Provider on Multiple Claims

On behalf of health care provider, obtained early dismissal of fraud, conspiracy, and Computer Fraud and Abuse Act claims brought by former IT vendor, and negotiated favorable settlement of breach of contract claim.

Information Sharing Agreement for Criminal Justice Council

Coordinated with a multi-agency Criminal Justice Coordinating Council to draft an information-sharing agreement. Regulatory limitations on sharing certain types of protected data were balanced with the agencies' need to facilitate a free flow of information in the interest of public health and safety.

IP Portfolio Development for Cybersecurity Startup

Developed and grew intellectual property portfolio for startup company in the cybersecurity space. Identified key values for the company and prepared and prosecuted patents protecting and building on the value for the client. Obtained the first patent for the company within one year of receiving disclosure to help startup quickly obtain funding and continue strategic growth.

Advised Clients Across Sectors on Data Protection and Cookie Policies

Advised on data protection and cookie policies and related documents for companies in various sectors.

Advised Large Commercial Organisations on Data Policies and Procedures

Advised a number of large commercial organisations on their data collection, storage, processing and retention policies and procedures.

Advised on Brexit Transition, Invalidation of U.S. Privacy Shield

Advised commercial clients on the steps they need to take to deal with Brexit once the transition period expires, as well as on the implications of the invalidation of the U.S. Privacy Shield.

Advised on Data Protection Compliance and Data Flow

Advised various clients on their data protection compliance arrangements and data flow.

Advised Well-Known U.K. Institution on Data Protection, Compliance

Advised a well-known U.K. institution on data protection implementation and compliance.

Data Processing, Sharing Agreement Advice

Advised various businesses and sub-processors on data processing and data sharing agreements.

Data Subject Access Request Management

Advised organisations on how to handle data subject access requests.

ICO Complaints on Behalf of Various Clients

Handled Information Commissioner’s Office (ICO) complaints on behalf of various clients.

Interpretation of and Guidance on Compliance with Data Protection and Privacy Regulations

Provided practical, commercial advice on the interpretation of the data protection and privacy regulations to ensure that a company’s compliance with the law does not restrict its operations unnecessarily.

Advised Leading International Business in Issues Related to a U.K. Social Media Campaign

Advised a leading international business concerning issues arising out of its proposed U.K. social media campaign.

Secured Motion to Dismiss for Hospital in Protected Health Information, Termination Case

Prevailed on a contested motion to dismiss in favor of hospital client. Plaintiff alleged employment termination in part, due to our client’s allegedly inappropriate and unauthorized disclosure of protected health information. Plaintiff asserted a claim alleging breach of fiduciary duty of confidentiality, seeking both economic losses and punitive damages. Relying in part on HIPAA regulations, we filed a motion to dismiss and a motion to strike the punitive damages claims, and after oral argument, the judge granted the motion.

Dismissals Lead to Favorable Settlement

Obtained the dismissal with prejudice of multiple claims brought by one financial institution against another arising out of a data breach led by fraudsters, facilitating a favorable settlement of the sole remaining claim.

Data Privacy Assessment for Customer Data Platform Company

Led a data privacy assessment and tracking tool implementation project for a leading cloud-based customer data platform company focusing on GDPR and California Consumer Privacy Act (CCPA) compliance. Provided drafting and negotiation assistance for a variety of commercial contracts including Master Service Agreements and Data Protection Agreements.

GDPR Compliance Program Implementation for Aviation Service Company

Facilitate the design, build-out and implementation of the client's GDPR compliance program.

Data Privacy, Antitrust and HIPAA Breach

Investigated and resolved matters involving violations of the Health Insurance Portability and Accountability Act (HIPAA), protected health information data breaches, and Office for Civil Rights (OCR) reporting and investigations, including the inadvertent misdirection of more than 1,500 patients’ protected health information and the intentional disclosure by an employee of protected health information.

Counsel to Worldwide Leader in the Payments Technology Industry

Counseled worldwide leader in the payments technology industry across a variety of practice areas in connection with technology development and licensing, and payment processing service offerings.

Data Privacy Compliance for Multinational Manufacturer

Represented multinational manufacturer in undertaking compliance with GDPR, including update of privacy policies, negotiation of data privacy addenda, and development of an international data transfer mechanism.

GDPR Compliance Program for University

Helped facilitate the design and implementation of all facets of international university’s General Data Protection Regulation (GDPR) program.

Dismissal of $1 Billion Class Action Claim

Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.
 

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Worldwide
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Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
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Boston, Massachusetts
Chicago, IL
100 North Riverside Plaza
Suite 1500
Chicago, IL 60606-1520
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Chicago, Illinois
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
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Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
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Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
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Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
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Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
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Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
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Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
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Miami, FL
355 Alhambra Circle
Suite 1200
Coral Gables, FL 33134
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New York, NY
7 Times Square, 44th Floor
New York, NY 10036
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Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
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Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
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Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
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Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
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Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
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St. Louis, Missouri
Washington, D.C.
1717 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
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Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
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Wilmington, Delaware