James J. Giszczak: Lawyer with McDonald Hopkins LLC

James J. Giszczak

Member
Bloomfield Hills,  MI  U.S.A.
Phone248-220-1354

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Experience & Credentials
 

Practice Areas

  • Trade Secret, Non-Compete and Unfair Competition Practice
  • Data Privacy and Cybersecurity
  • Sales Representative Litigation and Consulting
  • Business Litigation
  • Labor and Employment Counseling
  • Healthcare
 
University Michigan State University, James Madison College, B.A., with honors, 1989
 
Law SchoolUniversity of Notre Dame Law School, J.D., cum laude, 1992
 
Admitted1992, Michigan; U.S. District Court for the Eastern District of Michigan; U.S. District Court for the Western District of Michigan; U.S. Court of Appeals for the Sixth Circuit
 
Memberships 

Professional Associations

•State Bar of Michigan

•Detroit Metropolitan Bar Association

•Oakland County Bar Association

•Federal Bar Association

• InfraGard (Member)

Community Activities

• Leadership Oakland Board of Directors (President: 2010-2011)

 
BornDetroit, Michigan, 1967
 
Biography

Professional Experience

Jim advises clients regarding data security measures and responding to security breaches involving sensitive personal information and protected health information. He also works with clients in a myriad of industries to assess and implement appropriate data security safeguards. If a data breach occurs, Jim acts as a breach coach, ensuring compliance and minimizing exposure. Jim also works with federal, state and local authorities, as well as third party vendors. Moreover, Jim litigates matters involving data security and data privacy, including defending single plaintiff and class action litigation. Jim is a frequent speaker and writer in data privacy law and regularly conducts Incident Response Workshops for clients and their data breach risk management teams. If you suspect that your business has suffered a data breach, call our Hotline: 855-MH-DATA1 (855-643-2821).

Jim has extensive knowledge advising clients concerning auditing and litigating non-compete, non-disclosure and trade secret matters in nearly every industry. In addition, he has considerable nationwide experience prosecuting and defending employers and employees in non-compete, non-disclosure and trade secret litigation, as well as injunction hearing expertise. Jim has litigated these types of matters in 37 states and counseled in all 50 states. Jim often advises clients regarding restrictive covenant, trade secret and employment issues related to physicians, sales representatives, customer account representatives, key administrators, and technical and clinical personnel. His practice also focuses on business and commercial litigation with trial, litigation and consultation expertise in sales representative and business disputes.

Jim has successfully tried cases in state and federal courts, and has successfully arbitrated cases before the American Arbitration Association. In addition, he has represented clients in both state and federal appellate courts.

A frequent speaker and commentator on data breach issues, Jim was interviewed on FOX2 (WJBK) in Detroit on March 31, 2012.

Publications

•Co-Author of the Data Privacy and Cybersecurity Blog @ the online business community- Business Advocate

• You may be in the crosshairs of a new Florida statute, even if you are located outside of Florida, PEO Insider , September 2014

• Board members beware: The SEC is watching , McDonald Hopkins Alert, August 2014

• How to brace your business against cyber attacks and avoid being the next Target , quoted in The Plain Dealer , July 17, 2014

• Florida raises the bar on data privacy, security and breach notification with passage of new law , McDonald Hopkins Alert, June 2014

• Record settlement underscores escalating HIPAA risks, McDonald Hopkins Alert, May 2014

• Who enforces data security protections? A federal court says yes to the FTC , McDonald Hopkins Alert, April 2014

• HIPAA covered entities and business associates face plethora of cyber security enforcers , McDonald Hopkins Alert, April 2014

• Federal data breach bills pile up in Senate -- Same story, different year , McDonald Hopkins Alert, March 2014

• First-of-its-kind lawsuit for unnecessary delay in data breach notices -- California Attorney General expects faster breach notifications , McDonald Hopkins Alert, March 2014

• Detroit's employees confront data breach , McDonald Hopkins LLC Alert, March 2014

• HIPAA covered entities face March 1 deadline for breach reports , McDonald Hopkins Alert, February 2014

• Class action puts bulls eye on Target's directors and officers , McDonald Hopkins Alert, February 2014

• Data Breach? The FTC may be calling , McDonald Hopkins LLC Alert, January 2014

• A surge in healthcare data breaches: Failure to comply with HIPAA is costly , McDonald Hopkins LLC Alert, January 2014

• Don't be a TARGET-No pun intended , McDonald Hopkins LLC Alert, December 2013

• Protecting IP: Q&A with James Giszczak of McDonald Hopkins, Net Diligence Blog, October 2013

• Ten Steps: Best Practices in Hiring Laboratory Professionals , White Paper with Richard Cooper and Slone Partners, October 2013

• Data Privacy: Protecting PEO Assets, Data, and Client Information , PEO Insider, August 2013

• U.S. House examines state data breach notification laws and potential federal preemption , McDonald Hopkins Alert, August 2013

•Quoted, Data Breach Cases Turning Plaintiffs' Way Attorneys Say, Law360, June 6, 2013

• Professional service firms are the new target of cyber/data thieves , McDonald Hopkins Alert, April 2013

•Risky Business: Sharing Health Data while Protecting Privacy, Trafford Publishing, 2013

• Can you keep a secret? White House Strategy on Mitigating Theft of U.S. Trade Secrets , McDonald Hopkins Alert, March 2013

• Final Rule implements HITECH revisions to Privacy and Security Rules , McDonald Hopkins Alert, January 2013

• Data security is top concern for directors and general counsel , McDonald Hopkins Alert, September 2012

• Data breach survey results , McDonald Hopkins Alert, September 2012

• More changes to state breach notification laws , McDonald Hopkins Alert, September 2012

• Anatomy of a Data Breach: A 3 Part Series - Part 3: Immediate Action Items Upon a Data Breach , Risky Business - The Privacy Analytics Newsletter, August 2012

• How to minimize the risk of, or respond to, a data breach , Smart Business Magazine, August 2012

• Anatomy of a Data Breach: A 3 Part Series - Part 2: Proactive Measures and Requirements to Minimize the Risk of a Data Breach , Risky Business - The Privacy Analytics Newsletter, June 2012

•Data Breach at Your Laboratory? Immediate Action Items! How to Deal with a PHI Violation, G2 Intelligence Compliance Report - Perspectives, July-August 2012

• Data Breach? Immediate Action Items! PEO Insider, April 2012

• Massive data breach at credit card processing company: Millions potentially affected, McDonald Hopkins Alert, April 2012

• Anatomy of a Data Breach: A 3 Part Series - Part 1: Data Privacy Regulations, Penalties and Statistics, Risky Business - The Privacy Analytics Newsletter, March 2012

•3 New state data breach notification statutes and expiration of a grandfather clause in 2012, RBMA Monthly Legal Update Digest, March 2012

• In a rare move, SEC issues guidance on cybersecurity risks , McDonald Hopkins Alert, February 2012

• The clock is ticking..., McDonald Hopkins Alert, February 2012

• Massachusetts judge says zip code is personal identification information , McDonald Hopkins Alert, January 2012

• UCLA hospitals facing $16M class action for stolen patient information , McDonald Hopkins Alert, January 2012

• 3 new state data breach notification statutes , McDonald Hopkins Alert, January 2012

• Zappos announced today it is the latest target of a massive data breach , McDonald Hopkins Alert, January 2012

•Attorneys General and FTC continue to increase legal standards for data privacy compliance and penalties for noncompliance RMBA Monthly Legal Update Digest November 2011

• Are you legally vulnerable? Smart Business Detroit , October 2011

•How sales representative agreements can provide both a shield and a sword, Smart Business Detroit , September 2011

• And then there were four , McDonald Hopkins Alert, August 2011

• A flurry of federal data security and data breach notification bills introduced into Congress, McDonald Hopkins Alert, August 2011

• Massachusetts Attorney General says you must practice what you preach , McDonald Hopkins Alert, August 2011

• Attorneys General continue to increase legal standards for data privacy compliance , McDonald Hopkins Alert, August 2011

• Recent Court of Appeals decision highlights the need to properly define the role of sales representatives , McDonald Hopkins Alert, April 2011

• Does your Company Comply with Data Security Statutes?, McDonald Hopkins Alert, February, 2011

• Don't Risk Customers' Data - Protect your business when a vendor handles clients' personal information Scotsman Guide Commercial Edition , January, 2011

• Sales Rep Agreements, are you protected? HBMA Billing, December 2010

• Rapid Changes in the Restrictive Covenant Arena , McDonald Hopkins Alert, December, 2010

• Year-end exodus--How to protect your assets and minimize loss due to misappropriation or a data breach , Smart Business Detroit-Insights, Legal Affairs, December 2010

• $1 Million Penalty After Wrongful Disposal of Information , McDonald Hopkins Alert, November, 2010

• Actions of Ex-Employees Can Breach Lab Security , The Dark Report, August 2010

• U.S. Supreme Court Decides Issue of Arbitrability of Contract , McDonald Hopkins Alert, July 2010

• Illinois House Proposes New Covenants Not to Compete Act , McDonald Hopkins Alert, April 2010

• New Massachusetts Data Security Laws Go Into Effect March 1, 2010 , McDonald Hopkins Alert, February 2010

Presentations

• Vendor Contracts, NetDiligence Cyber Risk & Privacy Liability Forum , October 2014

• Data Breach: It's Not If But When... Are you Prepared?, NRRA 2014 National Conference, September 2014

• Is My Data Safe? Why HR Professionals Should Care, American Society of Employers Employment Law Conference, September 2014

• Data Breach/Information Security Readiness , webinar for municipalities and higher education, August 2014

• Data Privacy: Legal Risks, Mitigation and Response for Municipalities , McDonald Hopkins Webcast, July 22, 2014

• An FBI briefing on the Cyber Threat: Data Privacy in a changing legislative landscape , McDonald Hopkins Business Hour, July 16, 2014

• Intellectual Property: Threats, Valuation & Protection , NetDiligence Cyber Risk & Privacy Liability Forum, June 2014

• Data Breach and Coverage Litigation , NetDiligence Cyber Risk & Privacy Liability Forum, June 2014

• Data Security Breaches and Why HR Professionals Should Care , American Society of Employers' Selected Insights Series, May 9, 2014

• Federal Regulatory, Legislative, and Enforcement Landscape: Changes on the Horizon and Integrating New and Anticipated Initiatives into your Practice , 8th National Advanced Forum on Cyber & Data Risk Insurance, March 2014

• Data Security and Related Liability-- What an ESOP company needs to know , ESOP Association Annual Spring Conference, March 2014

• The Real Cyber Risk: Threats, Valuation & Protection, NetDiligence Cyber Risk and Privacy Liability Forum, October 2013

• The new HIPAA standards: Are you ready? McDonald Hopkins webinar, August 2013

• Cyber Risk Seminar: The Maze of Legal Requirements , January 2013

• Data Privacy & Security: Why It's the New Top Concern for Directors and General Counsel, presentation to Fortune 100 Company, September 2012

• Privacy and Security: What You Need to Know to Keep Your Company Safe , Privacy and Security Seminar, July 2012

•Commentator, Non-Compete and Trade Secret Matters , Golf Exchange Radio Program, July 2012

• 30 Days of Hell - Preserving Reputation During Plan Failures, NetDiligence, CyberRisk & Privacy Liability Forum, June 2012

• Contracting and Non-Compete Agreements: What You Need to Know, American Pathology Foundation 2012 Distance Learning Leadership Science Series, May 2012

• Social Media Issues -- Best Practices and Procedures , NAPEO's 2012 Legal & Legislative Conference, May 2012

• Clawbacks, Non-competes and Corporate Governance -- A briefing and strategic discussion for board members and executives , McDonald Hopkins Roundtable, February 2012

• Cyber and Privacy Liability Seminar , November 2011

• The Secret Behind Laboratory Business Success: Strategies for Hiring and Retaining Key Personnel and Protecting Lab Assets , G2 Intelligence--Lab Institute 2011, October 2011

• Anatomy of a Data Breach , July 2011

• Key Considerations in Employment Contracts for Management and Essential Personnel, Executive War College, May 2011

• Sales Representatives, Data Security, Restrictive Agreements & Insurance: Are You Shooting Yourself in the Foot?, HBMA Spring Education Conference , April 2011

• Take a Smarter Approach to Securing your Data , TouchWorld and IBM Data Privacy Seminar, March 2011

• Data Privacy and Security -- Limit Exposure and Penalties , McDonald Hopkins Roundtable, January 2011

•Navigating HITECH Real World Issues for your Practice, co-presenter for the RBMA Northeast Chapter Spring Educational Meeting, April 2010

• Safeguarding Your Market Share and Trade Secrets , McDonald Hopkins Webcast, January, 2010

•Raising, Care and Feeding of Securities Registered Representatives - Protecting Your Clients

•Data Privacy and Protection

•Your Assets are at Risk - Three Easy Steps to Protect Them

•Your Clients' Assets are at Risk - Three Easy Steps to Protect Them

•Legal Issues Regarding the Hiring and Retention of Securities Registered Representatives

Awards and Honors

•Selected for inclusion in Michigan Super Lawyers (2010-2014)

 
ISLN900774087
 

Documents by this lawyer on Martindale.com

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Board Members Beware: The SEC is Watching
James J. Giszczak,Dominic A. Paluzzi,Adam C. Smith, August 28, 2014
Data breaches have increased dramatically. In fact, according to a 2014 Internet security threat report published by Symantec, data breaches increased in 2013 by 62 percent. Therefore, it is not surprising that the Securities and Exchange (SEC) Commissioner, Luis A. Aguilar, recently addressed what...

HIPAA Covered Entities Face March 1 Deadline for Breach Reports
James J. Giszczak,Rick L. Hindmand,Dominic A. Paluzzi,Rachel H. Yaffe, March 12, 2014
HIPAA covered entities (healthcare providers, health plans or healthcare clearinghouses) that discovered a breach of Protected Health Information (PHI) in 2013 involving fewer than 500 individuals are required to report those breaches by March 1, 2014.
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Office Information

James J. Giszczak

39533 Woodward Avenue, Suite 318
Bloomfield HillsMI 48304




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