CPW has previously covered the proliferation of data breaches, including in the healthcare context. In a dramatic rebuttal of how the Department of Health and Human Services Office of Civil Rights’ (“OCR”) has historically enforced HIPAA, the Fifth Circuit Court of Appeals recently handed down a landmark decision vacating a multi-million dollar penalty that
Elliot Golding (CIPP/US) is a member of our Data Privacy & Cybersecurity Practice and Healthcare Industry Group leadership team, 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. He has been selected as an honoree in Global Data Review’s inaugural 40 Under 40 list, representing the best of the data law bar around the world.
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 and complying with the California Consumer Privacy Act. 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 hundreds 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.