Kevin L. Coy

Advice to national hospice provider regarding compliance with breach reporting and notice requirements and indemnification rights where a potential breach was caused by an IT vendor Business Associate.

Advised a national hospitalist firm on federal and state breach notification obligations arising from a potential breach experienced by a subcontractor which may have exposed protected health information over the internet.

Conducted a privacy risk assessment for a client with multiple e-commerce properties. The privacy assessment examined the client’s online and offline privacy practices and marketing practices as well as internal privacy controls in areas such as human resources, with compliance and best practice recommendations to the client in each area, when appropriate.

Advised a publicly traded corporation regarding the potential jurisdiction of the Consumer Financial Protection Bureau over the operations of multiple subsidiaries. Work included assessments of whether subsidiaries were “covered persons”, whether subsidiaries may be considered to be “larger participants” subject to CFPB supervision, and authority the CFPB may exercise over the company and its subsidiaries under consumer protection statutes for which full or partial authority was transferred to the CFPB.

Advised clients regarding enrollment in the Department of Commerce EU/US and Swiss/US Privacy Shield Programs for the transfer of personal information from the European Union to the United States.  Advice included assisting the client in developing Privacy Shield compliant privacy policies, development of internal implementing policies and controls and completion of required filings with the Department of Commerce.

Advised a client in connection with the development of a consolidated online privacy policy to govern more than 80 company websites. Work included assisting the client in developing a survey tool to assess website privacy practices, reconciling the survey results, making best practice recommendations regarding changes in website practices, and developing a consolidated online privacy policy.

Successfully represented a consumer reporting agency before the Federal Trade Commission in a nonpublic FTC inquiry into compliance with the Fair Credit Reporting Act. Following document productions, responses to interrogatories, and meetings with the FTC staff, the inquiry was closed without further action by the FTC.

Advised a consumer electronics retailer regarding consumer data breach notification obligations and other steps to respond to a data breach. In addition to advising the client regarding consumer, regulatory, and other notifications advice also addressed matters pertaining to the investigation of the breach, cooperation with law enforcement, and enhancing internal controls to minimize the potential for additional breaches.

Advised a client regarding the development of a HIPAA/HI-TECH Act compliance program covering its potential obligations as a business associate of HIPAA covered entities. Assisted the client in the conduct of a gap analysis to identify areas where further action may be necessary depending upon proposed changes to the HIPAA privacy, security, and breach notification regulations.

Represented a large consumer information company in one of the nation’s first high profile data breaches. In addition to representing the client before the Federal Trade Commission, we also advised the client on consumer breach notification issues, congressional testimony, and enhancements to the client’s internal controls.