Litigation & Appeals

Privacy & Data Security

Our attorneys are trusted privacy and information security advisors and advocates. We maintain strong relationships with local law enforcement officials and data breach response vendors to better serve clients by offering proactive advice and quick response in the critical time following a data breach. Whether you are a company needing help or a professional advisor seeking local assistance, we are ready to assist you with your compliance, incident response, or litigation needs.

We understand and solve complex problems for service professionals, manufacturers, and contractors, as well as state and federally regulated health care providers, health plans, financial institutions, and retailers.

Stites & Harbison will:

  • Educate and provide practical solutions to strengthen data security plans and improve policies.

  • Review and draft vendor contracts, business associate agreements, terms of use and privacy policies, or transactional agreements involving data security.

  • Advise and respond to government investigations, including HIPAA and HITECH audits and regulatory compliance requirements.

  • Provide immediate advice when a data breach occurs to comply with state and federal data breach laws, investigate, and formulate effective strategies to mitigate damages.

  • Defend litigation arising from alleged privacy and security data breaches.

Members and associates actively participate in major professional organizations, including:

Certified Information Privacy Professional
  • American Bar Association

  • American Health Lawyers Association

  • Defense Research Institute

  • Mortgage Bankers Association of America

  • International Association of Privacy Professionals

Stites & Harbison attorneys work on a variety of privacy and security matters. Notable assignments include:

  • Successfully obtained summary judgment for a healthcare provider in Jefferson Circuit Court in a putative class action asserting claims for negligence, negligence per se, and invasion of privacy stemming from an alleged data breach disclosing patient information. Judgment was obtained prior to any class being certified.

  • Obtained summary judgment for defendant in putative class action asserting multiple claims arising from alleged data breach.

  • Investigated and advised an employer-sponsored health plan on breach reporting obligations following a cyber-attack involving malicious software.

  • Advised on a professional legal malpractice claim concerning a data breach.

  • Advised an online retail business in responding to and investigating a data breach, including working with various State’s Attorney General offices.

  • Assisted client in responding to Office for Civil Rights complaint investigations and desk audits arising from alleged HIPAA violations and data breach reports.

  • Worked with domestic financial institutions to recover client funds unlawfully transferred to foreign banks.

  • Advised client and collaborated with FBI and other law enforcement concerning theft of funds arising from multiple data breaches.

  • Advised employer in connection with employees’ confidential postings on social media.

  • Analyzed and identified HIPAA-regulated product offerings for a financial institution and worked with internal legal, compliance, and business teams in developing a comprehensive HIPAA compliance plan.

  • Represented a medical practice in a data breach investigation and notification to individuals following insider theft of social security numbers from patient medical records.

  • Performed an enterprise-wide data classification analysis for an organization regulated by numerous state and federal privacy laws; drafted vendor contract with requirements to safeguard information in compliance with applicable laws.

Privacy & Data Security Specialty Areas
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Press Releases

Virginia Super Lawyers 2022 Honors John Teresinski

ALEXANDRIA, Va.—The 2022 edition of Virginia Super Lawyers recently honored Stites & Harbison, PLLC attorney John Teresinski. He was named to the Rising Stars list.

by Stites & Harbison, PLLC June 03, 2022
Events

Revenue Cycle and Compliance Summit

Date: 6/23/22
Time: 12:00 p.m. - 4:30 p.m.

Online Event

The Revenue Cycle and Compliance Summit is an online half-day workshop to provide convenient education with CEUs and CLE for professionals. Stites attorneys Sarah Spurlock and Michael Denbow will be presenters at this Summit on June. 23, 2022.

Michael Denbow and Sarah Cronan Spurlock May 13, 2022
Press Releases

Stites & Harbison Increases Rank on ABA Health Law Section’s Regional Top 10 List for 2020-21

LOUISVILLE, Ky.—The American Bar Association (ABA) Health Law Section has ranked Stites & Harbison, PLLC in 5th place in its Ninth Annual Regional Top 10 Law Firm Recognition List for the South for 2020-21.

by Stites & Harbison, PLLC April 25, 2022
Client Alerts

Another Surprise! The No Surprises Act Requires Consumer Disclosures

In December 2020, Congress signed into law the No Surprises Act (NSA) addressing surprise medical billing. Specifically, the NSA prohibits out-of-network health care providers and facilities from balance billing certain commercially insured patients in certain circumstances.

by Stacy Shea Luna (Shea) April 12, 2022
Press Releases

Marjorie Farris Named as 2022 Business Women First Enterprising Women Award Honoree

LOUISVILLE, Ky.—Louisville Business First has named Stites & Harbison, PLLC Chair Marjorie A. Farris as a recipient of its 2022 Business Women First Enterprising Women Awards.

by Stites & Harbison, PLLC April 01, 2022
Client Alerts

Key Takeaways from the American Bar Association’s Cybersecurity & Data Privacy Conference

Stites & Harbison attorneys, Shannon Sprinkle and Peter Critikos, joined other cybersecurity stakeholders gathered a few blocks from the firm’s Atlanta office for the American Bar Association’s Cybersecurity and Data Privacy conference to exchange thoughts on the state of the industry and market developments. Shannon and Peter share their thoughts on some key highlights from those discussions. While geopolitical events have injected much uncertainty into the space, several trends have developed, which are unlikely to disappear anytime soon.

by Shannon M. Sprinkle March 28, 2022
Events

2022 Issues for Corporate House Counsel CLE Seminar

Louisville office attorneys Matt Breetz and Brian Cromer will be speakers at the Kentucky Bar Association's 2022 Issues for Corporate House Counsel CLE Seminar on April 12, 2022.

Matthew W. Breetz and Brian A. Cromer February 14, 2022
Articles

Stites & Harbison hires attorney Shea Luna

Stites & Harbison, PLLC welcomes attorney Shea Luna to the firm’s Lexington, Ky., office.

by Editor February 11, 2022
Press Releases

Stites & Harbison Welcomes Shea Luna to the Firm’s Health Care Practice

LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Shea Luna to the firm’s Lexington, Ky., office. She joins the Health Care Service Group as Counsel.

by Stites & Harbison, PLLC February 09, 2022
Articles

Stites & Harbison Adds 19 To Atlanta Team From 2 Firms

Law360 (January 24, 2022, 1:17 PM EST) -- Stites & Harbison PLLC has added 12 Copeland Stair Kingma & Lovell LLP attorneys and all seven of Owen Gleaton Egan Jones & Sweeney LLP's attorneys to its Atlanta office, the firm recently announced.

by Jack Rodgers January 25, 2022
Client Alerts

Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds

Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

by Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, and Robin D. Miller January 14, 2022
Press Releases

Kentucky Super Lawyers Honors 37 Stites & Harbison Attorneys for 2022

LOUISVILLE, Ky.—The 2022 edition of Kentucky Super Lawyers recently honored 37 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 29 attorneys to the Super Lawyers list and eight attorneys to the Rising Stars list.

by Stites & Harbison, PLLC January 11, 2022
Presentations

U.S. Privacy And Data Security Developments - Where Do We Go From Here?

Sara Spurlock and Mari-Elise Paul discuss U.S. Privacy Laws, FTC Enforcement and The COVID effect in this Mondaq Webinar.

by Mari-Elise Paul and Sarah Cronan Spurlock January 07, 2022
Press Releases

Mid-South Super Lawyers®, Rising Stars 2021

NASHVILLE, Tenn.—The 2021 edition of Mid-South Super Lawyers recently honored eight Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.

by Stites & Harbison, PLLC December 03, 2021
Press Releases

Stites & Harbison Strengthens Intellectual Property Practice with Addition of John Teresinski

ALEXANDRIA, Va.—Stites & Harbison, PLLC welcomes attorney John P. Teresinski to the Alexandria, Va., office as a Member (Partner) with the firm.

by Stites & Harbison, PLLC December 03, 2021
Articles

How Dynamic Project Management Can Help Law Firms

Article written by Alexandria attorney Stephen Weyer for Law360 taking a look at dynamic project management.

by Stephen J. Weyer November 22, 2021
Press Releases

Stites & Harbison Earns 82 Rankings in 2022 “Best Law Firms” List

U.S. News & World Report and Best Lawyers® have released their 2022 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 82 metropolitan rankings in six regions.

by Stites & Harbison, PLLC November 17, 2021
Press Releases

Jeffrey Melcher Joins Stites & Harbison

ATLANTA—Stites & Harbison, PLLC is pleased to announce attorney Jeffrey W. Melcher has joined its Atlanta office as a Member (Partner). He will be based in Atlanta while also serving clients in Nashville, Tenn.

by Stites & Harbison, PLLC October 15, 2021
Client Alerts

Biden Announces Plans to Mandate Vaccination for All Federal Workers and Contractors, Private Employers with 100+ Employees, and Health Care Workers at Medicare/Medicaid Facilities

President Biden has announced plans to reduce the number of unvaccinated Americans by using regulatory and other powers to increase the number of Americans covered by vaccination requirements as COVID-19 cases continue to climb.

by Shannon Antle Hamilton and Ashley Owens Hopkins September 10, 2021
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2022 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC September 01, 2021