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:

  • 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
Main Contacts
See more related to Privacy & Data Security
Client Alerts

Department of Labor to Employers: You Must Notify Your Employees of New Paid Leave Laws by April 1, 2020

The Families First Coronavirus Response Act, effective April 1, 2020, requires certain public employers and private employers with fewer than 500 employees to provide E-FMLA and Emergency Paid Sick Leave to eligible employees. Employers must notify current employees of these benefits by circulating the official Notice of Employee Rights published by the Department of Labor.

by Rebecca A. Weis and Rachel Dix Bishop March 26, 2020
Client Alerts

Information You Need on the COVID-19 Coronavirus

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 03/30/20

by Stites & Harbison, PLLC March 26, 2020
Client Alerts

OCR Eases HIPAA Burdens for Telehealth during COVID-19 National Emergency

In response to the unprecedented public health emergency presented by COVID-19, the Department of Health and Human Services, Office for Civil Rights (OCR), responsible for enforcing the HIPAA Privacy, Security, and Breach Notification Rules, issued a notification of enforcement discretion for telehealth remote communications effective immediately.

by Sarah Cronan Spurlock and Jennifer Henry Jackson March 18, 2020
Events

2020 Issues for Corporate House Counsel CLE

Date: 4/16/20
Time: 8:00 a.m. - 5:00 p.m.

University of Louisville ShelbyHurst Campus, Founders Union Building, 450 N. Whittington Parkway, Louisville, KY 40222

Joshua Barnette, Michael Denbow, Sarah Spurlock, Demetrius Holloway and Rebecca Weis will be presenters at this CLE presented by the Kentucky Bar Association on April 16, 2020

Joshua F. Barnette, Michael Denbow, Demetrius O. Holloway, Sarah Cronan Spurlock, and Rebecca A. Weis March 06, 2020
Trademarkology

The PTO's Valentine: Rule Changes for Email Addresses and Specimens

On February 15, 2020, the PTO’s new examination guide will go into effect in accordance with new rule changes. In this post, we highlight two of the changes described in the guide that may have more of an impact on brand owners, namely, those pertaining to new email address and specimen requirements.

by Alexandra MacKay February 13, 2020
Press Releases

Stites & Harbison recognized in BTI Client Service A-Team 2020

LOUISVILLE, Ky.—BTI Consulting Group recently selected Stites & Harbison, PLLC as a standout in two key areas: investing in client relationships and client-facing communication in the prestigious BTI Client Service A-Team 2020: Survey of Law Firm Client Service Performance.

by Stites & Harbison, PLLC December 18, 2019
Trademarkology

Are Attorneys' Fees Expenses?

Earlier this week, in Peter v. Nantkwest, Inc., Case No. 18-801 the Supreme Court of the United States unanimously held that the United States Patent and Trademark Office (the “PTO”) cannot recover the salaries of its legal personnel as expenses under Section 145 of the Patent Act.

by Alexandra MacKay December 13, 2019
Press Releases

Kentucky Super Lawyers Honors 45 Stites & Harbison Attorneys for 2020

LOUISVILLE, Ky.—The 2020 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 32 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 12, 2019
Press Releases

Best Lawyers in America Honors 75 Stites & Harbison attorneys for 2020

LOUISVILLE, Ky.—The Best Lawyers in America© 2020 has recognized 75 Stites & Harbison, PLLC attorneys as selected by their peers in 49 areas of practice. Forty-three of those attorneys selected have been honored for 10 consecutive years or more.

by Stites & Harbison, PLLC August 22, 2019
Press Releases

Stites & Harbison named to BTI Brand Elite 2019

LOUISVILLE, Ky.—BTI Consulting Group has named Stites & Harbison, PLLC as a best-branded law firm in its BTI Brand Elite 2019: Client Perceptions of the Best-Branded Law Firms.

by Stites & Harbison, PLLC May 29, 2019
Events

The Race to Privacy

Date: 6/5/19
Time: 4:30 p.m. - 6:00 p.m.

Stites & Harbison, 401 Commerce Street, Suite 800, Nashville, Tennessee 37219

IP attorneys Alex MacKay, Mari-Elise Paul and Sarah Spurlock will discuss the latest information on data privacy.

Alexandra MacKay, Mari-Elise Paul, and Sarah Cronan Spurlock May 15, 2019