Workplace Privacy, Data Management & Security Report : Privacy Lawyers & Attorneys : Jackson Lewis Law Firm : Data Security, HIPAA & Confidentiality Issues

Joseph J. Lazzarotti is a Partner in the White Plains, New York office of Jackson Lewis LLP.  He coordinates the firm's Privacy, Social Media and Information Management Practice and edits the Firm’s Workplace Privacy Blog which can be found at www.workplaceprivacyreport.com.  He also is a member of the Employee Benefits Counseling and Litigation Practice Group.  In short, his practice focuses on the matrix of privacy and data security laws affecting the workplace.  He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to retirement and health and welfare plans.

As a part of Mr. Lazzarotti's work in the area of data privacy and security, he has counseled multinational, national and regional companies in regard to compliance with the HIPAA privacy and security regulations, as well as broader data privacy and security mandates and preventive safeguards.  His work includes conducting on-site executive and employee trainings and helping clients through the process of responding to breaches of personal information.  He has also represented companies with respect to inquiries from the HHS Office of Civil Rights and other agencies with respect to alleged wrongful disclosure of protected information and negotiated numerous business associate agreements and other data privacy and security agreements. 

Mr. Lazzarotti's work in the benefits counseling area covers virtually all areas of employee benefits law.  For example, as part of the Firm's Healthcare Reform Taskforce, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans, which includes counseling concerning the new reform law, as well as assisting in the set up of administrative and other arrangements with third-party administrators, claims administrators and other vendors.  He also provides counsel with respect to the design, implementation and operation of retirement and severance plans.  His work often involves day-to-day legal advice concerning employee benefit plan operation and administration and trouble-shooting with respect to errors in operation. 

Mr. Lazzarotti speaks and writes regularly on current employee benefits and data privacy and security topics and his work has been published in leading employment and business journals such as Bender's Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy and Data Security Law Journal.  His views on these issues also have been discussed in a number of publications, including Inside Counsel, The National Law Journal, Financial Times, Business Insurance Magazine, and HR Magazine. 

Mr. Lazzarotti served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.  He holds a B.B.A. in public accounting, cum laude, from Pace University, and a J.D., with distinction, from the University Missouri-Kansas City School of Law.

Jason C. Gavejian is an Associate in the Morristown office of Jackson Lewis LLP.  Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims.  Mr. Gavejian regularly represents employers in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Additionally, Mr. Gavejian is a member of the firm?s HIPAA and Workplace Privacy Practice Group, focusing on the matrix of privacy and data security laws affecting the workplace.

As a part of Mr. Gavejian's work in the area of data privacy and security, he has assisted in counseling multinational, national and regional companies in regard to compliance with the HIPAA privacy and security regulations, as well as broader data privacy and security mandates and preventive safeguards.  His work includes helping clients through the process of responding to breaches of personal information.

Mr. Gavejian is a member of the bar in the states of New Jersey and New York. Prior to joining Jackson Lewis, Mr. Gavejian served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County. Mr. Gavejian received his juris doctor degree from Rutgers School of Law-Newark in June 2004 and conducted his undergraduate studies at The College of New Jersey receiving his degree in 2001.  Mr. Gavejian has also been named a Rising Star in the Super Lawyers edition of Law & Politics magazine.

Richard Greenberg, a Partner in New York City office of Jackson Lewis LLP, is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University's School of Industrial and Labor Relations in 1992 and earned a Juris Doctor degree from Brooklyn Law School in 1995.

He advises both unionized and union-free clients on a full-range of labor and employee relations matters. With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free. With respect to employee relations matters, Mr. Greenberg has extensive experience assisting clients in numerous industries with the development and maintenance of personnel policies and personnel infrastructures. In this regard, Mr. Greenberg often works on these issues with clients as business needs and culture change as a result of business transactions, such as mergers and acquisitions.

Mr. Greenberg regularly advises clients on compliance with the myriad of federal and state employment laws, including the FMLA, FLSA, ADA, ADEA and WARN, as well as new legal developments impacting labor and employment policies and practices.

V. John Ella is Of Counsel to the Minneapolis office of Jackson Lewis LLP. He practices in all aspects of employment law and advises clients in the areas of employment contracts, handbooks, sexual harassment claims, discrimination, trade secret and noncompete litigation, drug testing law, plant closings, ERISA benefits litigation, wage and hour compliance, commission claims, defamation, whistleblower and Sarbanes-Oxley claims as well as closely-held corporation and partnership disputes.

Mr. Ella has obtained successful verdicts as first chair counsel at trial, including jury trials and court trials in both federal and state district court and has appeared before the Minnesota Court of Appeals, 8th Circuit Court of Appeals and Federal Circuit Court of Appeals. He was named by Minnesota Law & Politics as a “Top 40” Employment Law Attorney in Minnesota for 2006 and 2007 and has been recognized as a “Super Lawyer” in Minnesota since 2002.

Mr. Ella is the author of over fifty articles or book chapters for various legal publications. He frequently lectures on the topic of Common Law Fraud and was co-author of the Summary Guide to Fraud, Misrepresentation and Deceptive Trade Practices. Mr. Ella is also a recognized speaker and commentator on the topic of “Executive Law” and has been quoted in dozens of newspaper and magazine articles regarding stock options, executive compensation, noncompetes, restrictive covenants and executive severance agreements and has lectured at several CLEs on the topic of Executive Law.

Nick M. Beermann is an Associate in the Seattle, Washington office of Jackson Lewis LLP.  Mr. Beermann practices in all areas of employment and labor law with emphasis in employment contracting and dispute resolution, corporate governance and internal investigations, Sarbanes-Oxley compliance and litigation, trade secret and non-competition advice and litigation, discrimination and harassment advice and litigation, ERISA litigation, OSHA investigations and charge resolution, business entity disputes, WARN advice, wage and hour compliance and litigation, and union organizing advice and counsel.  In 2008 and 2009 Mr. Beermann worked in-house for a multi-national financial corporation in Tokyo, Japan and regularly represents multi-national and foreign companies doing or seeking to do business in the U.S.  Mr. Beermann also has a background in healthcare, business and corporate law and has represented a number of healthcare entities in transactional and litigation contexts.

Lillian Chaves Moon is a Of Counsel in the Orlando, Florida office of Jackson Lewis LLP.

Ms. Moon devotes the majority of her practice to employment litigation, defending employers in federal and state courts, as well as before the EEOC and other administrative agencies. As a member of the Firm’s Privacy, Social Media and Information Management Practice, Ms. Moon also devotes a significant portion of her practice to counseling clients regarding privacy law obligations and policies, data breach issues, and electronic signature, HIPAA, ERISA, and Privacy Act requirements when establishing corporate electronic recruitment, application, and on-boarding websites, policies, and processes. Additionally, she provides clients with day-to-day advice and counseling regarding employer policies, handbooks, workplace discrimination laws, and OSHA issues as they arise.

Ms. Moon regularly speaks on employment law and privacy-related topics. Ms. Moon has co-authored “Key PEO Considerations for Data Security Agreements,” published by PEO Insider (November 2011) and authored “Responding to Public School Peer Harassment in the Face of Davis v. Monroe County Board of Education,” published by BYU Education and Law Journal 2000, (June 2000). Ms. Moon is also the Editor-in-Chief of “The Florida Employer,” a Jackson Lewis bulletin on employment, labor, benefits, privacy, and immigration law, and is a regular contributor to the Firm’s Workplace Privacy Blog. Ms. Moon’s blog articles, including “Jumping on the e-Application, Electronic On-Boarding Bandwagon?,” “Florida’s New Sexting Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically,” “Florida, Michigan and Montana Follow National Trend and Consider Banning the Use of Applicant Credit History Background Checks in Hiring Decisions,” “Employers Beware: Aggrieved Employee Commits Data Breach Affecting 2400 Individuals,” and “Supervisors Do Not Have Unrestricted Access to Employee E-mails,” can be found at www.workplaceprivacyreport.com.

Ms. Moon has served as an appellate attorney for the United States Department of Labor in Washington, D.C., representing the Secretary of Labor in federal appellate courts in cases brought pursuant to the Occupational Safety and Health Act. One of Ms. Moon’s more notable cases is Fluor Daniel v. Occupational Safety and Health Review Commission, 295 F. 3d 1232 (11th Cir. 2002).

In addition, Ms. Moon serves as the Secretary of the Board of Directors for Music Theater Bavaria, is a member of the Advisory Board of LDS Family Services, and is a member of the Board of Directors for the Girl Scouts of Citrus Council.

Ms. Moon acts as lead trial counsel, on a pro bono basis, in proceedings involving termination of parental rights and adoption issues, representing the adoption family and adoptive couples.