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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See more related to Privacy & Data Security
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 Rachel Dix Bishop, Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, Robin D. Miller, and Rebecca A. Weis 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 Rachel Dix Bishop, Shannon Antle Hamilton, Rebecca A. Weis, 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
Press Releases

Mari-Elise Paul Named a 2021 Trailblazer in World IP Review’s Diversity Publication

LOUISVILLE, Ky.—World Intellectual Property Review (WIPR) has named Stites & Harbison, PLLC attorney Mari-Elise Paul as one of 20 Trailblazers profiled from around the world in WIPR’s Diversity Trailblazers 2021 list.

by Stites & Harbison, PLLC August 12, 2021
Events

IADC 2021 Annual Meeting

Date: 8/15/21 - 8/19/21

Fairmont Chicago, Chicago, Illinois

Please join the IADC in Chicago for it's first in-person meeting in 18 months! Louisville office Sarah Spurlock with be a speaker at the event on August 15, 2021.

Sarah Cronan Spurlock July 30, 2021
Press Releases

Stites & Harbison Ranks 3rd on 2021 “Best Places to Work in Kentucky” List

LOUISVILLE, Ky.—Stites & Harbison, PLLC is ranked 3rd in “Best Places to Work in Kentucky” for 2021 in the medium company category. The firm has made the list 15 times.

by Stites & Harbison, PLLC June 28, 2021
Client Alerts

“No Company is Safe” — White House Urges Private Sector to Act Now in Hardening Defenses Against Growing Ransomware Threats

Following the most recent slew of high-profile ransomware attacks, the White House deputy national security adviser for cyber and emerging technology, Anne Neuberger, issued an open letter to the private sector urging action to increase cyber defenses to match the nation’s increasing ransomware threat.

by Sarah Cronan Spurlock June 10, 2021
Presentations

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

Stites & Harbison attorneys Sarah Cronan Spurlock and Mari-Elise Paul discuss U.S. Privacy Laws, FTC Enforcement and The Covid Effect in this Webinar presented by Mondaq.

by Sarah Cronan Spurlock and Mari-Elise Paul June 08, 2021
Client Alerts

CMS Has Begun to Enforce the Price Transparency Rule Against Hospitals

The Centers for Medicare & Medicaid Services (CMS) has recently begun to send warning letters to hospitals that are not in compliance with the recently effective price transparency rule. This warning comes on the heels of CMS’s audits of a sample of hospitals in January.

by Megan B. Barker May 26, 2021
Press Releases

Chambers USA Honors 22 Stites & Harbison Attorneys for 2021

LOUISVILLE, Ky.—Chambers USA selected 22 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2021 guide.

by Stites & Harbison, PLLC May 21, 2021
Events

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

Date: 6/3/21
Time: 10:00 a.m. - 11:00 a.m.

Webinar

On June 3, 2021 at 10:00 EST, Mondaq will be hosting a webinar featuring Stites & Harbison attorneys, Sarah Cronan Spurlock and Mari-Elise Paul discussing U.S. privacy and data security developments.

Sarah Cronan Spurlock and Mari-Elise Paul May 14, 2021
Articles

Stites & Harbison Opens First Ohio Office In Cincinnati Area

Kentucky-based Stites & Harbison PLLC has expanded its operations to Ohio for the first time in nearly 200 years with a new office in the Cincinnati suburb of Mason, the firm announced Friday. Led by member Robin D. Miller, the Cincinnati-area office is currently operating with the help of attorneys from the nearby town of Covington, Kentucky, but the firm said it hopes to hire more Cincinnati full-timers by the end of 2021.

by Robin D. Miller April 23, 2021