Photo of Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience - Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience - Joe's work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm's Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender's Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.

“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions

On April 4, 2024, Kentucky’s Governor signed House Bill 15, which establishes a consumer data privacy law for the state. The state joins New Hampshire and New Jersey in passing comprehensive consumer privacy laws in 2024. Kentucky’s law takes effect January 1, 2026.

To whom does the law apply?

The law applies to persons

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act (NLRA), according to a recent decision by the D.C. Circuit Court of Appeals.

A practice that has

The California Privacy Protection Agency (CPPA) issued its first enforcement advisory concerning the California Consumer Privacy Act (CCPA). In Enforcement Advisory No. 2024-01, the CPPA tackles a foundational principle – data minimization. Much of the attention surrounding the CCPA seems to focus on website privacy policies, notices at collection, and consumer rights requests. With

As organizations continue to take steps to prevent cyberattacks, a near-universal recommendation is that they should implement multi-factor authentication (MFA), and for good reason. Organizations subject to the updated FTC Safeguards Rule, for example, are required to implement MFA. The Cybersecurity & Infrastructure Security Agency (CISA) includes MFA as a best practice. And

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely to have significant influence on the rapid development of AI regulation in other jurisdictions including in the United

The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe, and organize the content discussed at meetings (virtual or otherwise), enabling participants to more meaningfully participate in the meeting/discussion. They can

On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:

…fuel the creation and refinement