Elliot is a member of our Data Privacy & Cybersecurity Practice where he provides business-oriented privacy and cybersecurity advice to a wide range of clients, with a particular focus on companies handling healthcare and other personal data.
Elliot partners with clients to proactively manage risk by developing and implementing information governance programs, drafting privacy and security policies, preparing and testing data breach response plans and negotiating complex data agreements. He not only counsels clients about what the law currently requires, but also provides industry context and forward-looking advice that takes into account trends and best practices in developing areas, such as the Internet of Things. In particular, Elliot helps clients understand how personal information may be used and disclosed to support business needs so that companies can stay competitive and compliant in a rapidly evolving environment. Elliot has also managed dozens of breach response matters for companies through all aspects of investigation, notification, remediation and engagement with regulators (including federal regulators such as the Office of Civil Rights (OCR) and State Attorneys General). Elliot has defended clients in litigation by State Attorneys General under state security breach notification laws and the Health Insurance Portability and Accountability Act (HIPAA) and has helped clients successfully avoid enforcement actions altogether by working directly with regulators during investigations. Elliot is a Certified Information Privacy Professional (CIPP/US) and co-chairs the E-privacy Committee within the ABA Section of Science and Technology Law. Elliot's practice covers a wide range of laws, regulations, industry standards and best practices, such as: HIPAA and HITECH; 42 CFR Part 2 (Federal Confidentiality of Alcohol and Drug Abuse Patient Records); Federal Trade Commission (FTC) Act and FTC guidance; State laws and guidance governing privacy, security, and breach notification (such as the California Shine the Light law, Lanterman-Petris-Short Act, Confidentiality of Medical Information Act, CalOPPA, and state laws governing sensitive health information); Telephone Consumer Protection Act (TCPA); CAN-SPAM; Gramm-Leach-Bliley Act (GLBA); Children's Online Privacy Protection Act (COPPA); NIST Security Standards; and Payment Card Industry Data Security Standards (PCI-DSS).