Privacy & Data Security
Our data security lawyers 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, our privacy & data security attorneys 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:
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Educate and provide practical solutions to strengthen data security plans and improve policies.
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Review and draft vendor contracts, business associate agreements, terms of use and privacy policies, or transactional agreements involving data security.
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Advise and respond to government investigations, including HIPAA and HITECH audits and regulatory compliance requirements.
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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.
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Defend litigation arising from alleged privacy and security data breaches.
Members and associates actively participate in major professional organizations, including:
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American Bar Association
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American Health Lawyers Association
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Defense Research Institute
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Mortgage Bankers Association of America
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International Association of Privacy Professionals
Stites & Harbison's data security attorneys work on a variety of privacy and security matters. Notable assignments include:
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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.
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Investigated and advised an employer-sponsored health plan on breach reporting obligations following a cyber-attack involving malicious software.
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Advised on a professional legal malpractice claim concerning a data breach.
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Advised an online retail business in responding to and investigating a data breach, including working with various State’s Attorney General offices.
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Assisted client in responding to Office for Civil Rights complaint investigations and desk audits arising from alleged HIPAA violations and data breach reports.
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Worked with domestic financial institutions to recover client funds unlawfully transferred to foreign banks.
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Advised client and collaborated with FBI and other law enforcement concerning theft of funds arising from multiple data breaches.
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Advised employer in connection with employees’ confidential postings on social media.
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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.
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Represented a medical practice in a data breach investigation and notification to individuals following insider theft of social security numbers from patient medical records.
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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.
Sixth Circuit Wrestles with Meaning of “Weekly Basis” Under the FLSA
On April 1, 2025, in Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, the Sixth Circuit Court of Appeals clarified what it means to pay a salary on a “weekly basis” under federal regulation 29 C.F.R. § 541.602(a) for purposes of classifying an employee as exempt from overtime under the Fair Labor Standards Act (FLSA). In a divided opinion, the Sixth Circuit held that to be paid on a “weekly basis” means that an employee is paid for “a regular week’s worth of work.” As a result, the court held that an employer did not pay an employee on a “weekly basis”—and therefore owed the employee overtime—when the weekly guaranteed pay to the employee was only the equivalent of one day’s pay and the employee was paid an hourly rate for every hour worked beyond the first eight hours in the week.
Professional and Ethical Dilemmas in Litigation
Time: 8:20 a.m. - 3:30 p.m.
State Bar of Georgia, 104 Marietta St. NW, 3rd Floor, Atlanta, Georgia 30303
Attorney Shannon Sprinkle will be a speaker at the Professional and Ethical Dilemmas in Litigation seminar presented by the State Bar of Georgia on Thursday, March 27, 2025.
EEOC and DOJ Issue Guidance Regarding DEI in the Workplace
On March 19, 2025, the Equal Employment Opportunity Commission and the Department of Justice issued two technical assistance documents regarding “diversity, equity, and inclusion” (“DEI”) programs in the workplace. Consistent with the Trump Administration’s Executive Orders regarding DEI, these technical assistance documents warn of the potential illegality of certain employment policies or initiatives under Title VII of the Civil Rights Act of 1964. Robin McGuffin takes a look at the guidance recommended in this Stites & Harbison Client Alert.
UPDATE: FinCEN and Treasury Department Announce They Will Not Enforce CTA Despite March Deadline
There is yet another update with respect to the Corporate Transparency Act (the “CTA”). Less than two weeks after the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”) set a new deadline for CTA compliance, both FinCEN and the U.S. Department of Treasury issued separate press releases announcing their intent to not enforce the CTA until new rules are finalized. Stites & Harbison's Corporate Transparency Act Committee takes a look at the update in this Stites & Harbison Client Alert.
UPDATE: Corporate Transparency Act Back on as Potential Changes Loom
Compliance with the Corporate Transparency Act (the “CTA”) is no longer voluntary. Businesses subject to the CTA, which includes the majority of entities formed or registered to do business in the United States, will have until March 21, 2025, to file their beneficial ownership information reports with the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”).
Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025
The 2025 edition of Kentucky Super Lawyers recently honored 47 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 34 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.
Stites & Harbison Earns 2024 Regional Top 10 Honors from ABA Health Law Section
The American Bar Association (ABA) Health Law Section has ranked Stites & Harbison, PLLC in its 12th Annual Regional Top 10 Law Firm Recognition List. The firm ranked 5th on the South Top 10 list for 2024. Stites & Harbison has been honored 11 consecutive times on the South list.
Future of the Corporate Transparency Act is Uncertain
With the January 1, 2025, deadline for beneficial ownership information filings pursuant to the Corporate Transparency Act (the “CTA”) for entities formed prior to 2024 rapidly approaching, Judge Amos L. Mazzant III of the US District Court for the Eastern District of Texas preliminarily enjoined the enforcement of the CTA and its related regulations nationwide. Alison Zeitlin takes a look at what is happening in this Stites & Harbison Client Alert.
Ten Stites & Harbison Attorneys Honored by 2024 Mid-South Super Lawyers
The 2024 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Seven attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.
Ian Ramsey Elected Chair of Kentucky Bicycle and Bikeway Commission
Stites & Harbison, PLLC attorney Ian Ramsey was recently elected Chair of the Kentucky Bicycle and Bikeway Commission (KBBC) at its 2024 annual meeting. He will guide the KBBC, coordinate with the Kentucky Transportation Cabinet on pedestrian and bikeway programs, and promote bicycling to governing officials and the public.
Stites & Harbison Welcomes Nine Attorneys to Kentucky and Georgia
Stites & Harbison, PLLC announces the addition of nine attorneys to the firm. Four attorneys join the Louisville, Ky., office: Rachel Gumbel, Jackson B. Hurst-Sanders, James E. Myers and April M. J. Sain. Harper B. Anderson, Holly A. Couch and Robert H. Dean join the firm in Lexington, Ky., while Mackenzie Miller and Lauren Towell (Ren) join the Atlanta office.
Stites & Harbison Earns 93 Rankings in 2025 Best Law Firms®
Stites & Harbison, PLLC has been ranked in the 2025 edition of Best Law Firms®. The firm’s National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 93 metropolitan rankings in six regions and represent 52 legal practice areas.
Kentucky Academy of Healthcare Attorneys Webinar: Medical Cannabis Seminar
Time: 9:00 a.m. - 12:00 p.m.
WEBINAR
Stites & Harbison attorneys Bailey Browning, Kelly White Bryant, Jennifer Cave, Jackson Hurst-Sanders, Robin McGuffin and Sarah Cronan Spurlock will be speakers at the Kentucky Academy of Healthcare Attorneys webinar, Medical Cannabis Seminar being held November 13, 2024.
Jennifer Henry Jackson Selected for Ignite Louisville Class of Spring 2025
The Leadership Louisville Center has selected Stites & Harbison, PLLC attorney Jennifer Henry Jackson to participate in the Ignite Louisville Class of Spring 2025. The six-month class teaches the key components of leadership to young professionals between the ages of 25 and 45 years old.
A Forever Chemicals Primer: When, Why, How, Who, and Where?
Part 1 of webinar series, "A Forever Chemicals Primer: When, Why, How, Who, and Where?," where attorneys Jennifer Cave and John Tate discussed identifying common commercial and industrial applications of PFSA; providing up-to-date human health and environmental testing data; and discuss state and federal regulatory status of forever chemcials.
Stites & Harbison, PLLC Achieves 2023-24 Mansfield Certification
Stites & Harbison, PLLC is pleased to announce that it has achieved 2023-24 Mansfield Certification. Mansfield is a year-long structured certification process designed for law firms to ensure all lawyers have an opportunity to advance into leadership.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications
Stites & Harbison, PLLC is pleased to announce that 97 of its lawyers are included in the 2025 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 according to the publication. Additionally, 12 Stites & Harbison attorneys are named as “Lawyer of the Year” and 30 attorneys are recognized in Best Lawyers: Ones to Watch® in America, which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.
Richard Myers named Stites & Harbison's Nashville Office Executive Member
Stites & Harbison, PLLC has named attorney Richard S. Myers, Jr., as its Nashville and Franklin Office Executive Member. He succeeds Gregory D. Smith, who has served in this role for nine years.
2024 Kentucky Health Law Institute
The Campbell House, 1375 South Broadway, Lexington, Kentucky
Stites & Harbison attorney Kelly Bryant is on the Planning Committee for the 2024 Kentucky Health Law Institute presented by UK Rosenberg College of Law. Healthcare attorney Shea Luna will be one of the speakers. The Institute is being held in Lexington, Kentucky September 4-5,