what we do / Privacy & Data Security

areas of emphasis

Tucker Ellis assists clients of all sizes across industries in data privacy incidents that implicate:

• Business Litigation (individual and class action litigation)
• Financial Services Counseling (Gramm-Leach-Bliley Act/Sarbanes-Oxley)
• General Data Protection Regulation (GDPR)
• HIPAA/HITECH Enforcement and State Medical Privacy Laws
• OCR Audit Preparation
• Insurance Coverage
• Information Technology (storage, use, and access to personal and confidential information, both internal
• and external)
• Risk Avoidance (technological and legal initiatives)
• Regulatory Compliance Reporting
• Biometric Data Analysis
• State and Federal Cybersecurity Laws
• PCI-DSS
• Trade Secrets
• White Collar Criminal Defense
• Internal Corporate Investigations and Counseling

presentations

• “Bracing for the New Normal in Data Privacy: GDPR, CCPA, and Other Initiatives Impacting the Business World in 2020 and Beyond," 2019 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (November 2019) "
• “Preservation, Discovery, and Presentation of Cyber Evidence,” IADC Webinar (June 2019)
• “GDPR and International Compliance” and “Health Care Sector Deep Dive,” Cybersecurity & Privacy Protection Conference 2019, Cleveland, Ohio (May 2019)
• “Global Security Risk Management Update: Impact on Cyber, Intellectual Property, Personal and Corporate Physical Security,” Cleveland Metropolitan Bar Association, Cleveland, Ohio (May 2019)
• “The Impact of GDPR on Enforcing Intellectual Property Rights on the Internet,” Harvard Law School, Cambridge, Massachusetts (March 2019)
• “Avoiding Legal Liability,” The Information Security Summit, Cleveland, Ohio (October 2018)
• “Workplace Privacy: Developments in Monitoring and Use of Genetic Information,” Ohio State Bar Association WebCast (September 2018)
• “Cyber Ohio Business Summit on Cyber Risk Assessment,” Office of Ohio Attorney General Mike DeWine, Columbus, Ohio (March 2018)
• “Technology in the Workplace: Data Protection in Practice,” Warren Regional CLE, Ohio State Bar Association, Warren, Ohio (May 2017)
• “Regulating Information: A Candid Conversation About HIPAA and Privacy,” Cleveland-Marshall College of Law, Cleveland, Ohio (April 2017)
• “Healthcare Cybersecurity and Privacy Litigation,” Health Care Law Update & Medical/Legal Summit 2017, Cleveland Metropolitan Bar Association/Academy of Medicine Education Foundation/The Academy of Medicine of Cleveland & Northern Ohio, Cleveland, Ohio (March 2017)
• “HIPAA Best Practices and Audit Readiness,” Health Action Council Webinar (February 2017)
• “Understanding & Navigating Cyber Liability Policies,” Advanced Issues in Insurance Coverage Law, Akron Bar Association, Akron, Ohio (December 2016)
• “Healthcare Update – Regulations, HIPAA, and Risk Avoidance," 2016 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2016)
• “Cyber Security Month – Security Panel,” Case Western Reserve University, Cleveland, Ohio (October 2016)
• “A Practical Guide to Your Incidence Response Plan,” Practical Tips and Tools to Deal with Cybersecurity Challenges, Tucker Ellis LLP, Cleveland, Ohio (July 2016)
• “Identifying, Calculating, and Mitigating Covered Loss under New Cyber Liability Policies,” Cleveland Metropolitan Bar Association Insurance Law Section, Cleveland, Ohio (November 2015)
• “Surviving the Breach: Immediate Steps and Responses,” and “What Are the Risks: An Introduction to Exposures, Costs, and Trends,” Tucker Ellis Privacy and Data Security Risks: Are You Prepared?, Cleveland, Ohio (July 2015)
• “Protecting the Net: Cybersecurity,” Tucker Ellis/McGladrey Marching Through the Madness: Making Your
• Financial Services Team a Winner in Risk and Compliance, Cleveland, Ohio (March 2015)
• “Data Security: Managing the Crisis,” 2014 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio
• (October 2014)
• “HIPAA HITECH Compliance Seminar: What Organizations and Their Business Associates Need to Know,”
• sponsored by Tri-C and Jurlnnov (July 2013)
• “Technology and Cyber Risks – Exposures and Coverage Options,” Public Agency Risk Managers Association (May 2012)
• Webinar: “Great Ideas for Media and Technology in Schools.” Available online at:
• http://training.sia-jpa.org/Academy/ViewCourse.aspx?CourseID=24
• Speaker at seminars on “Data Breach: Understanding the Risk and Managing a Crisis”
• Presented “Data Security Risks and Crisis Management” to individual firm clients
• “Navigating the Stringent Legal e-Discovery Requirements and Patient Confidentiality Concerns Associated with Electronic Documentation,” Advanced Forum on Healthcare Provider Disputes & Litigation, American Conference Institute, Chicago, Illinois (July 2012)
• “The Risks and Rewards of EMR: Meaningful Use or Tool for Abuse?,” 7th Annual National Medical Liability Insurance ExecuSummit, Mohegan Sun, Connecticut (September 2011)

publications

• “Are You Ready for the California Consumer Privacy Act?”, Tucker Ellis Client Alert (July 2019)
• “Ohio Joins Growing Trend Requiring Cybersecurity Standards and Reporting Obligations for Insurance Industry,” Tucker Ellis Client Alert (February 2019)
• “Illinois Supreme Court Rules in Favor of Consumers in Landmark Biometric Data Case,” Tucker Ellis Client Alert (January 2019)
• “The Future Is in the Palm of Your Hand and in the Details of Your Eyes, Face, and Fingerprints as Businesses Handling Biometric Data Face a New Wave of Class-Action Litigation,” DRI’s The Business Suit (Vol. 22, Issue 4)
• “Cybersecurity Safe Harbor Against Data Breach Lawsuits Becomes Ohio Law,” Tucker Ellis Client Alert (August 2018)
• “California Passes Landmark Law Creating Broad Data Privacy Rights for California Residents,” Tucker Ellis Client Alert (July 2018)
• “GDPR Update: Your Questions About GDPR – Answered,” Tucker Ellis Client Alert (July 2018)
• “‘Injury in Fact’ Standing After Cambridge Analytica,” Law360 (June 2018)
• “GDPR Focus: How the European Union’s New Cybersecurity Measure Will Impact Your American Manufacturing Business,” Manufacturing Today (May 2018) “Assessing the Fine (Finger) Print: Biometric Data Is the New Frontier in Data Security and the Next Wave of Litigation,” Cleveland Metropolitan Bar Journal (May 2018)
• “Roundtable: Cyber Risk & Security,” Financier Worldwide (May 2018)
• “The SEC’s Latest on Disclosures: New Guidance Mandates Greater Attention to Cybersecurity Planning,” Corporate Compliance Insights (April 2018)
• “Countdown to the GDPR,” Manufacturing Business Technology (March 2018)
• “Countdown to the GDPR: What You Need to Know About the Impact of the European Union’s New Cybersecurity Measures on Your American Business,” Tucker Ellis White Paper (March 2018)
• “Proposed Legislation Seeks to Safeguard Ohio’s Election System Against Cyberattacks,” Tucker Ellis Client Alert (February 2018)
• “Lessons for Data Breach Lawyers from Product Liability,” Law360 (January 2018)
• “Ohio Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs,” Tucker Ellis Client Alert (December 2017)
• “Data Security Breaches Land General Counsel on Chopping Block; Lessons from Yahoo!,” Tucker Ellis Client Alert (March 2017)
• “Don’t Let a Data Breach Derail the Deal,” Crain’s Cleveland Business (January 2017)
• “Enhancing Board Oversight of Cyber Risk – The Board’s Increasingly Important Role,” Corporate Compliance Insights (December 2016)
• White Paper and associated Proposed Internal Policies and Guidelines regarding proper use, access, and protection of technology, Internet, personal digital assistants (PDAs), and cellular telephones, and individual Technology User Agreements
• “Think Fast: The Potential for Tension Between Insureds and Data Security Insurers,” Bloomberg BNA’s Privacy and Security Law Report (August 2016)
• “The Greatest Cybersecurity Risk Comes From Within,” Law360 (September 2015)
• “Data Security Plans: Why Financial Institutions Must Continuously Assess and Update Their Data Security Plans,” Bloomberg BNA’s Corporate Law & Accountability Report (June 2015)
• “The ‘Heartbleed’ Bug and Responding to a Data Security Breach,” Tucker Ellis Client Alert (April 2014)
• “Data Security: What You Don’t Protect Can Cost You,” published in FOCUS, quarterly newsletter of the Association of Corporate Counsel Northeast Ohio Chapter (1Q2013)

media quotes

• “Why You Should Create a Forward-Thinking Privacy Policy,” InformationWeek (August 2019)
• “Banks Feeling the Heat Over Fintech Partners’ Cyber Risks,” Law360 (June 2019)
• “DC Circ. Piles Onto Standing Split With Data Breach Ruling,” Law360 (June 2019)
• “Data Breach Legislation Proposes Jail Time for CIO, HR Execs,” TechTarget (April 2019)
• “CCPA Compliance Begins with Data Inventory Assessment,” TechTarget (December 2018)
• “Legal Tech’s Predictions for 2019 in Cybersecurity and Privacy,” Legaltech News (December 2018)
• “Lawyers Weigh In on the Loews Hotel Biometric Data Misuse Case,” Hospitality Technology (October 2018)
• “The Coca-Cola Hack and Who’s on Hook for Office Cybersecurity,” Bloomberg BNA (January 2018)
• “Cloud Archiving: The Benefits of Super-Fast Email Searches,” Mimecast Blog (December 2017)
• “5 Reasons Your Archive Data Solution Will Do You Wrong,” Mimecast Blog (November 2017)
• “Not Just a Nice to Have. 7 Reasons an All-in-One Cloud Archive Is a Business Necessity,” Mimecast Blog (October 2017)
• “The 5 Biggest Challenges of Mobile Email Management,” Mimecast Blog (September 2017)
• “Scottrade Wins Dismissal of Data Breach Suit,” Westlaw Journal Computer & Internet (July 2016)