Buying a Breach: HIPAA Best Practices in M&A

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Jo-Ellyn S. Klein, JD, CIPP/US, is a leading practitioner on health information privacy and data protection matters at Akin Gump Strauss Hauer & Feld LLP. She will lead the presentation Buying a Breach: HIPAA Best Practices in M&A at the upcoming HIPAA Privacy and Security Summit 2019 on November 14.

She was recognized by Legal 500 US for Cyber law (including privacy and data protection), 2019. She has focused on privacy and data protection law for almost 20 years, with a special emphasis on the health sector.

She devotes a substantial portion of her practice to assisting clients with issues arising under state and federal privacy, security, and data breach notification laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), Section 5 of the Federal Trade Commission Act (Section 5), and myriad state privacy, security, and breach notification laws. She assists clients in navigating the intersection between federal privacy and data protection laws and state regimes such as the California Consumer Privacy Act (CCPA), California Confidentiality of Medical Information Act (CMIA), and the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). She has examined health information privacy and data protection issues arising in settings ranging from hospitals to professional sports to the medical device industry, including assisting clients with data breach preparedness and response efforts, compliance, contracts, and litigation. She has led privacy and cybersecurity diligence efforts in major transactions and has advised on privacy and cybersecurity terms in deal documents. She has also assisted clients in managing privacy and cybersecurity issues arising in the course of bankruptcy proceedings and related sales. Ms. Klein is a Certified Information Privacy Professional (CIPP/US, International Association of Privacy Professionals).

Jo-Ellyn has been a thought leader in the health information privacy and data protection space, consistently authoring articles in this ever-changing space in outlets such as Law360, Westlaw, and Medtech Insight, among others. In addition, some of Jo-Ellyn’s recent speaking engagements include panels at conferences hosted by Medical Device Manufacturers Association (MDMA), the Association of Corporate Counsel (ACC), and the Federal Publications Seminars (FPS).

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