HL Chronicle of Data Protection : Privacy Lawyers & Attorneys : Hogan Lovells Law Firm : Data Security, E-Commerce & Technology

Hogan Lovells assists clients across the spectrum of business and legal issues. Building on the foundations of our previous success as two firms, Hogan & Hartson and Lovells, Hogan Lovells is deeply rooted in the largest and most developed markets in the United States and Europe and has an established presence in the fastest growing regions of the world, including Asia, Latin America, and the Middle East.

Hogan Lovells provides legal services based on the principles of teamwork, collaboration, and commitment to client service. We take time to understand our clients’ businesses so we can work as an extension of their team. We help them navigate a challenging global landscape through focused, innovative, high quality service. Clients come first at Hogan Lovells.

Barbara Bennett's practice focuses on health care transactions, technology, and strategic business advice, with a concentration on health care technology and bioscience clients along with traditional health care businesses. She also counsels businesses on data protection issues, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules, consumer protection strategies, and intellectual property laws.

Melissa Bianchi’s practice focuses on health care regulatory issues, with an emphasis on medical privacy and health information technology as well as prescription drug coverage under Medicare and Medicaid. Melissa advises pharmaceutical companies, health plans, health care providers, and related trade associations on HIPAA, state privacy laws, health information technology and related federal funding. She also advises clients on policy issues related to prescription drug coverage and comparative effectiveness research.

During law school, Melissa worked in the general counsel’s office at Stanford University and in the risk management division at the Stanford University Hospital. Prior to law school, Melissa was involved in political campaign and advocacy work as well as worked for a consulting firm that conducted studies for the U.S. Department of Health and Human Services.

Mark Brennan practices primarily in the area of telecommunications law, with a focus on wireless communications and broadband services. He represents clients before the Federal Communications Commission (FCC) and state commissions in a wide array of spectrum policy, licensing, compliance, and transactional matters. His practice encompasses the regulation of wireless carriers, including cellular, PCS, AWS, BRS/EBS, WCS, 220 MHz, telematics, and medical telemetry licensees; equipment manufacturers; cable service providers; and other broadband service providers. He has experience in a broad range of communications issues, including E911, Communications Assistance for Law Enforcement Act (CALEA), Universal Service, and FCC auctions.

In addition to his regulatory practice, he advises clients on a variety of commercial agreements, including asset purchases, content licensing, and network access arrangements. He also provides legal advice on numerous privacy, data security, and consumer protection matters, including the regulation of mobile marketing, location-based services, and Customer Proprietary Network Information (CPNI).

Bret Cohen practices in the areas of antitrust, consumer protection, privacy, and data security. He has experience representing clients in antitrust litigation and in investigations by various government agencies including the Federal Trade Commission, the Antitrust Division of the U.S. Department of Justice, and state Attorneys General.

Bret counsels clients on a wide variety of consumer protection matters, including compliance with CAN-SPAM, state data breach notification laws, the FTC Act, and state common law privacy protections. He has conducted comprehensive audits of privacy and data security policies and practices, drafted consumer- and employee-facing policies, including privacy and social media policies, and reviewed online and offline advertising campaigns for compliance with federal and state truth-in-advertising regulations and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Stephanie Gold's practice focuses on the representation of colleges, universities, post-secondary institutions, education associations, distance education firms, student loan organizations, and investors in education-related companies. She has represented education clients in matters related to federal financial assistance, student financial aid, accreditation, privacy, student discipline, campus crime, military recruiting, research activity, state education licensure, civil rights, and foreign students.

Stephanie advises clients on legal issues related to distance education, overseas initiatives, and institutional changes in ownership, including state education licensure, accreditation, and federal regulation. In particular, Stephanie has assisted clients in structuring and obtaining regulatory approvals for changes in ownership, new campus locations, and distance education and has served as education regulatory counsel for private equity firms, education companies, and educational institutions in connection with commercial transactions.

Tulasi Leonard practices in the areas of antitrust and consumer protection. She provides firm clients with counseling and representation on a wide range of privacy, advertising, general consumer protection, and antitrust issues.

Tulasi’s experience includes drafting Web site privacy policies and terms of use, conducting audits of companies’ privacy practices, reviewing national advertising campaigns, and counseling regarding compliance with various state and federal consumer protection laws and regulations. Specifically, Tulasi counsels clients on online and offline marketing issues, including compliance with federal and state laws regarding sweepstakes and contests, the U.S. Federal Trade Commission’s (FTC’s) Green Guides for environmental marketing claims, the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM, and the FTC Act.

Scott Loughlin’s practice focuses on corporate and securities matters, with particular emphasis on business transactions in the health care industry. Scott assists clients in addressing issues relating to corporate governance, mergers and acquisitions, securities offerings, commercial arrangements, alliances, joint ventures, and other strategic transactions.

Scott also advises businesses on data protection and privacy issues, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules, the HITECH Act, and consumer protection laws. Scott frequently counsels clients in identifying, evaluating, and managing risks associated with privacy and information security practices and data breaches.

Lynda Marshall practices in the area of antitrust law, consumer protection and privacy. She counsels clients on a wide range of antitrust matters, including mergers and acquisitions, joint ventures, distribution issues, trade association matters, antitrust compliance, and unfair trade practices. She has coordinated worldwide regulatory approvals for multinational corporations involved in mergers and acquisitions, as well as advised clients on potential antitrust risks with such transactions. She has substantial experience advising clients on government conduct investigations, with particular emphasis in dealing with national and global investigations by multiple authorities, and has significant experience in the insurance and telecommunications industries.

Lynda also counsels clients on privacy and data protection matters. Her data protection practice focuses on global compliance, including privacy audits, internal company policies, and data transfer issues. She has advised a number of clients on data protection issues relating to marketing (on-line and off-line), human resource management, customer disclosures, Web sites and strategic information management.

Lynda represents clients before the Federal Trade Commission (FTC), the Antitrust Division of the U.S. Department of Justice, state Attorneys General, and EU member state regulators on antitrust, unfair trade practices, and privacy matters. In addition, she has litigation experience in federal and state antitrust actions, including administrative litigation before the FTC.

Winston Maxwell has nearly 20 years of corporate and commercial law experience in France, with an emphasis on regulated industries, communications, and media. Winston has worked on a wide range of transactional, regulatory, and litigation matters for communications, media, and entertainment clients. He has participated in European telecommunications liberalization initiatives, and recently authored a major treatise on European communications and data protection law. He also publishes and lectures extensively on communications, media, and entertainment.

In Chambers Global, 2008, Winston is "[h]ighly valued for his ‘perfect grasp’ of both French and U.S. law… clients value ‘his steadiness, skill and persistence in circumventing the obstacles that come up from time to time in difficult negotiations.’”

In addition to his work in the communications, media, and entertainment sector, Winston advises clients on a broad range of corporate mergers and acquisitions, as well as private equity transactions. He represents clients in sectors as diverse as truck axles, orange groves, and medical devices. Winston's practice increasingly covers competition law, environmental law, and the regulation of newly-liberalized network industries, such as energy and transportation.

Gerry Oberst has been practicing in the communications area for more than 25 years, in both Washington, D.C. and Brussels, concentrating on international telecommunications, spectrum management and satellite regulatory matters. While in Brussels, he has participated in numerous projects on behalf of the European Commission, including the 2006 study on review of the electronic communications regulatory framework and the 2009 study on the radio spectrum digital dividend.

Gerry represents clients in major telecommunications proceedings before the International Telecommunication Union, European Commission, and South African regulatory bodies involving domestic and international markets. He works to obtain regulatory approval for substantial telecommunications investments and advises clients on all aspects of international service. His continued focus on satellite issues for a variety of firm clients keeps him in regular contact with decision makers at pertinent agencies in Africa, Europe, and the United States. Gerry also assists numerous companies in a variety of fields (ranging from medical devices to automotive) with radio spectrum rules developed through the EU Radio Spectrum Committee as well as the European Conference of Post and Telecoms Administrations and its Electronic Communications Committee.

Mark Paulding advises clients on a variety of consumer protection, privacy, and data security matters. He has extensive experience working with clients on an array of privacy and data security matters, including representing clients during investigations by federal and state agencies; conducting audits of privacy and security practices for clients’ Web sites, internal data networks, proprietary data services, persistent virtual worlds, commercial email distribution systems, and downloadable software programs; and drafting company policies, such as privacy policies, terms and conditions, security policies, and user rules of conduct. Mark also has counseled clients on the privacy and data security requirements of the Federal Trade Commission Act, Children's Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), the Massachusetts Standards for the Protection of Personal Information, Fair Credit Reporting Act (FCRA), CAN-SPAM, and Department of Defense Directives 5400.11 and 8500.1, as well as several state privacy, consumer protection, and data breach notification statutes and regulations.

Nadine Peters’ practice focuses on health care issues with an emphasis on health information privacy, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) and federal and state privacy laws.

Nadine has extensive experience counseling clients on an array of health care regulatory matters including regulatory requirements of the Medicare and Medicaid programs. She primarily advises health care providers, pharmaceutical and medical device companies, health plans, e-health organizations, health care trade associations, and research institutions on matters related to electronic data sharing, use of health information in marketing and other initiatives, privacy and information security practices, and data breaches.

Julianna Tabastajewa focuses her practice on intellectual property protection and litigation, pharmaceutical law, competition law, media law, and franchising. She also has extensive experience in domestic litigations and arbitrations in Russia.

Throughout her career, Julianna has represented major Russian and international companies in sophisticated copyright, trademark, patent, and domain disputes, including several successful precedent cases for Volkswagen AG, Audi AG, and KNAUF Gips KG.

Julianna has contributed significantly to new domain regulations in the Russian Federation and has written extensively on the subject. She is also actively involved in intellectual property legislation development initiatives in Russia as an authority of the Anti-piracy Committee of the State Duma (legislative assembly) of the Russian Federation. She is currently working in the Russian Franchising Association on the new Franchise Act of the Russian Federation. Julianna also advises media, pharmaceutical, and medical device companies on related issues in Russia.

Jon Talotta focuses his practice on civil litigation and counseling clients on a range of commercial matters, primarily in the areas of intellectual property, the Internet, securities, insurance coverage, and employment. He has represented clients in state and federal trial and appellate courts in numerous jurisdictions, as well as in mediations, arbitrations, and state and federal administrative proceedings.

Jon is one of the co-chairs of the firm’s electronic discovery and litigation technology team, and regularly counsels clients on electronic discovery, electronic records management, data breaches, and Internet investigations involving software piracy, defamation, and other online activity.

Jon is a Council Member of the Civil Litigation Section of the Virginia Bar Association. After law school, he served as a law clerk for The Honorable James C. Cacheris of the U.S. District Court for the Eastern District of Virginia. During law school, he served as a law clerk extern for The Honorable B. Waugh Crigler of the U.S. District Court for the Western District of Virginia.

David Thaw's practice includes a variety of privacy and information management matters, such as data breach response, the FTC Act, state data protection statutes, HIPAA, and industry self-regulatory standards. He has conducted comprehensive assessments of organizations' privacy and data security practices, drafted consumer- and employee-facing policies, prepared security breach response plans and prepared advice on implementing advanced marketing techniques consistent with privacy requirements and industry best practices.

David is a Ph.D. candidate at UC Berkeley's School of Information and an Affiliated Fellow of the Information Society Project at Yale Law School. Prior to joining Hogan Lovells, David was a Postdoctoral Fellow at Yale Law School where he continued his doctoral research examining how different regulatory approaches drive information security practices at large U.S. organizations. David has published several articles, book chapters, and conference papers based on his research in information security, spyware, and collaborative computing platforms.
 

Hanno Timner represents employers in a broad range of labor and employment matters in proceedings before the Labor, Higher Labor, and Federal Labor Courts. His practice focuses on counseling and representing national and international corporations in connection with the employment of top executives, the employment consequences of company restructuring, the acquisition of German companies, and with regard to remuneration plans. Hanno's practice also includes providing council in specific areas of commercial law such as capital market and banking. Another focus of Hanno’s practice is data protection and privacy issues.

Before studying German law, Hanno studied medicine. He was a resident in London from 1989 to 1990. Later he worked, inter alia, for the Berlin Administrative Court, the Berlin Higher Civil Court, and the Berlin Ministry of the Interior. Hanno acquired the official title "Fachanwalt für Arbeitsrecht"—Specialist in Labour and Employment Law.

Tim Tobin concentrates on consumer protection matters with a particular focus on privacy and data security law. He also counsels businesses on various Internet and e-commerce issues, including copyright and trademark matters.

Tim has extensive experience counseling and representing clients from all industry sectors for their privacy and data security obligations. Tim advises clients on a wide array of state and federal privacy laws and regulations, such as those arising under the Gramm-Leach Bliley Act (GLBA); the Fair Credit Reporting Act (FCRA), including amendments to FCRA under the Fair and Accurate Credit Transactions Act (FACTA) that require Red Flags programs to detect identity theft, address affiliate marketing, and address disposal of certain records; the Cable Act; the Telecommunications Act of 1996, including the FCC's CPNI rules; the Children's Online Privacy Protection Act (COPPA); Section 5 of the Federal Trade Commission Act; the Electronic Communications Privacy Act (ECPA); and others. Internationally, Tim advises clients on appropriate mechanisms for the legal cross-border transfer of personal information world-wide. As to transfers from the European Union, Tim has helped clients obtain certifications under the Department of Commerce's safe harbor program and to select from other alternatives such as model contractual clauses or binding corporate rules. Tim has written and lectured on cross-border data transfer issues in the United States and abroad, including on the unique issues presented by e-discovery of data held abroad in U.S.-based litigation.

Tim also regularly counsels clients on data breach incidents, both large and small. He has represented clients in multiple data breaches that have affected millions of individuals. Tim has litigated class action lawsuits and has represented clients in investigations before the Federal Trade Commission and state Attorneys General arising from data breaches. Tim regularly conducts legal privacy assessments for clients to determine the scope of a company's legal obligations regarding personally identifiable information under its control and the company's compliance with those obligations, and helps clients develop appropriate policies applicable to both online and offline data, including comprehensive written information security programs.

Tim's practice also encompasses a broad array of marketing and consumer protection issues surrounding privacy including online and mobile behavioral advertising. He regularly counsels clients on state and federal telemarketing and "Do Not Call" laws, commercial email restrictions under the CAN-SPAM Act, and restrictions on faxing under the Junk Fax Act. Tim has litigated on behalf of clients on these issues. He has represented clients in rulemakings and other proceedings relating to "Do Not Call", CAN-SPAM, and other issues before both the Federal Trade Commission and the Federal Communications Commission.

Andrea Ward is an experienced employment litigation specialist, offering advice and support to employers on a full range of claims and settlement negotiations. In relation to these, Andrea has extensive knowledge of claims for unfair dismissal, wrongful dismissal, discrimination (on the grounds of race, sex, disability, sexual orientation, age, and religion or belief) harassment, victimization, unlawful deductions from wages, and breach of contract.

Andrea has a particular interest in data protection/privacy issues, and regularly advises on the UK Data Protection Act 1998 and the EC Directive 95/46/EC. Andrea advises clients on a range of data protection issues involving whistle-blowing hotlines, employee travel policies, and compliance with regulatory and money laundering reporting requirements. She also provides advice on data protection issues relevant to corporate transactions, management of personal data, and the transfer of data outside the European Economic Area.

Andrea was recently involved in the Employment Lawyers’ Association working party response to consultation on the BSI’s draft standard on management of personal information.

Jun Wei is Co-managing Partner of the firm's Greater China Practice and Chief Representative of the Beijing office. Her practice focuses on corporate and commercial law, mergers and acquisitions, project financing, intellectual property, and technology transfer law.

Jun regularly advises multinational companies and financial institutions on how to best structure their proposed investments and operations in China to achieve economic objectives and deal expeditiously and successfully with Chinese regulatory agencies. She also represents clients in a wide array of cross-border mergers and acquisitions, financings, infrastructure development, and company restructurings. Jun works regularly with major Chinese companies, and also serves as advisor to several Chinese government agencies.

Jun previously served in the Legislative Affairs Commission of the Chinese National People's Congress. She was a key member in the drafting and interpretation of many important Chinese business and investment laws.

Marcy Wilder is a nationally-recognized data protection lawyer who specializes in health information law, including compliance with HITECH, Health Insurance Portability and Accountability Act (HIPAA), and federal and state privacy laws. She assists clients in identifying, evaluating, and managing risks associated with privacy and information security practices and data breaches. Marcy is ranked as a leading privacy lawyer in both Chambers USA, 2009 and the Legal 500, 2009. She counsels clients on matters related to electronic data sharing, including the use of health information in e-health and Internet ventures, electronic medical and billing systems, research registries, tissue banks, and marketing initiatives. Marcy’s clients include information technology vendors, informatics companies, health care clearinghouses, e-health organizations, health care providers, pharmaceutical and medical device companies, health plans, universities, and research institutions.

Prior to joining Hogan & Hartson, Marcy served as Deputy General Counsel of the U.S. Department of Health and Human Services (HHS), where she served as the lead attorney in the development of HIPAA privacy regulations.

Marcy has been a featured speaker at Health Information Technology and HIPAA conferences and seminars across the country, and lectures frequently on data privacy and security, data-mining, and clinical and records research.

Chris Wolf is widely recognized as one of the leading American practitioners in the field of privacy and data security law. He is known to clients as a practical problem solver on issues arising from the collection, use, retention, sharing, and security of personal data; as a thoughtful compliance counselor focused on risk management; and as an effective advocate in federal court, at the Federal Trade Commission or before state agencies, on the entire range of international and domestic privacy issues. Drawing on nearly 30 years as a litigator, Chris represents clients in all kinds of privacy and data security litigation that results from the disclosure or exposure of private information, including through data security breaches.

Chris is known to the privacy community as a thought leader and compelling communicator. The prestigious Practising Law Institute (PLI) tapped Chris to serve as editor and lead author of its first-ever treatise on the subject, and to serve as co-editor of its guide to the FACTA Red Flags identity theft regulations. Chris recently was heralded for his “lifelong experience as a litigator” by Chambers USA by ranking him as one of the nation’s top privacy lawyers. He also was asked to form and co-chair The Future of Privacy Forum, a think tank that focuses on modern privacy issues with a business practical-consumer friendly perspective, collaborating with industry, government, academia, and privacy advocates. When MSNBC labeled Chris “a pioneer in Internet law,” it was reflecting his participation in many of the precedent-setting matters that form the framework of modern privacy law.

Chris has deep experience in the entire range of international, federal, and state privacy and data security laws, including financial and health information privacy laws, as well as the many sectoral and geographic regulations, such as the EU Directive and the new state data security laws including those recently enacted in Massachusetts and Nevada. Chris also counsels clients on compliance with self-regulatory regimes.

Christopher Zaetta’s practice focuses on complex civil litigation, including data breach and other privacy litigation, Sherman Act and Racketeering and Racketeer Influenced and Corrupt Practices Act (RICO), and consumer protection statutes. Chris has served as lead trial counsel in a number of jury and non-jury trials in a wide variety of civil and criminal matters in federal and state courts.

Chris counsels clients on data breach and privacy issues and related litigation. Chris is presently representing a large telecommunications company in multidistrict litigation involving significant privacy-related issues. He has also represented clients in the successful resolution of investigations conducted by the U.S. Department of Justice, U.S. Congress, the Securities and Exchange Commission, state attorneys general, and other federal and state regulators.