ERISA Fiduciaries, Data Privacy and Cybersecurity Risks: HIPAA, HITECH, and ERISA Preemption of State Data Breach Laws
Responding to Data Breaches of Healthcare Administrators and Retirement Plans, Minimizing Risks with TPAs
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employee benefits counsel on trends in data breaches for ERISA healthcare and retirement plans, lessons from recent BCBS/Anthem litigation, ERISA fiduciary obligations, ERISA preemption of state data breach laws, and contractual risk mitigation with third-party administrators (TPAs).
- Trends in ERISA data breaches: health care and retirement plans
- Lessons from the BCBS/Anthem litigation
- ERISA fiduciary obligations with respect to data breaches
- Trends in ERISA preemption litigation and what it portends for preemption of state data breach laws
- Incorporating cybersecurity protections into retirement plan contracts with TPAs
The panel will review these and other key issues:
- What specific obligations do plan sponsors and fiduciaries have when responding to an occurrence of a data breach?
- How can plan sponsors manage their breach response to safeguard plan data, achieve an effective response, and reduce the risk of legal and regulatory action?
- What lessons can be learned from the Anthem litigation and recent breaches of retirement plan employee information?
- How can cybersecurity protections be incorporated into retirement plan contracts with (TPAs)?
Mr. Gul focuses his practice on privacy and information security.He advises clients on a wide range of privacy, data... | Read More
Mr. Gul focuses his practice on privacy and information security.He advises clients on a wide range of privacy, data security, and cyber liability issues, including risk management plans, regulatory compliance, cloud computing implications, and breach obligations. He writes and speaks regularly on privacy, data security, and cyber liability issues. He is the author of over a dozen published law review articles, as well as a number of articles in trade journals. He has also served on the Cyber Security Task Force of the U.S. Chamber of Commerce.Close
Michael E. Slipsky
Mr. Slipsky focuses his practice on mergers and acquisitions, representing buyers and sellers in broad range of... | Read More
Mr. Slipsky focuses his practice on mergers and acquisitions, representing buyers and sellers in broad range of industries. He also counsels clients on a variety of privacy and information security matters, including HIPAA compliance and data breach prevention and responses. Additionally, he advises clients on a broad range of corporate and securities matters, including corporate reorganizations and restructurings, commercial contracts, corporate governance, the formation and maintenance of business entities, and securities offerings.Close
Brenna A. Davenport
Ms. Davenport practices primarily in two areas of law, employee benefits and business law. In the area of employee... | Read More
Ms. Davenport practices primarily in two areas of law, employee benefits and business law. In the area of employee benefits, she represents clients in the design, implementation and administration of retirement, welfare, fringe, and executive compensation plans. In the area of business law, she advises small and midsize closely held corporate clients and non-profit entities regarding a broad range of corporate transactional matters.Close