Alfred J. Saikali

Co-Chair, Data Security & Data Privacy Practice at Shook, Hardy & Bacon LLP

Alfred J. Saikali

Alfred J. Saikali

Co-Chair, Data Security & Data Privacy Practice at Shook, Hardy & Bacon LLP

Biography

As Chair of Shook's Privacy and Data Security Practice, Al has gained the trust of clients challenged by data breach response, crisis management, and compliance with laws governing the collection, storage, use and disposal of sensitive information. Al represents companies in class action lawsuits arising from data breaches and other data privacy issues. Chambers USA named him a Nationwide Recognized Practitioner in Privacy and Data Security in 2017 and 2018; he was named a Cybersecurity Trailblazer by the National Law Journal in 2015; and he received the Client Choice Award from Lexology in both 2016 and 2018. In addition, he is one of only a handful of global practitioners who has been designated a Privacy Law Specialist by the International Association of Privacy Professionals (IAPP).

Data Breach Investigation and Response

For those clients who suspect a data breach, Al designs and leads the breach response; directs the data forensic investigation; advises as to legal obligations to notify affected consumers, business partners, and regulators; oversees the notification of third parties; communicates with law enforcement; responds to regulatory inquiries; and provides representation in litigation and enforcement actions arising from the breach.

Al’s data breach response experience includes:

* a network intrusion affecting the payment card information of an online retailer’s consumers in every U.S. state and overseas;
* a cyber-attack involving an Advanced Persistent Threat that put the intellectual property of a multinational science and technology company at risk;
* the insertion of malware into a company’s website, affecting the payment card information of more than 100,000 individuals;
* the theft of personally identifiable information from a professional services company by an employee involved in a nationwide identity-theft crime ring;
* lost mobile devices used to store protected health information by covered entities and business associates;
* a vendor’s theft of consumer information from a national financial services company; and
* representing an entity in class action litigation arising from a data breach.

Compliance

In addition to leading breach response efforts for his clients, Al helps companies proactively minimize the risk of a breach and comply with state, federal and international privacy laws.

Al’s compliance experience includes:

* advising companies on their legal obligations regarding permissible use, sharing, storage and disposal of customer information;
* counseling covered entities and business associates to comply with HIPAA/HITECH, preparation of risk assessments, drafting internal and consumer-facing privacy policies and notices, performing employee training and negotiating business associate agreements;
* designing and drafting incident response plans for financial institutions and multinational science and technology companies;
* helping companies comply with the U.S.-EU Safe Harbor Framework for cross-border transfers of information;
* providing counsel on the Payment Card Industry’s Data Security Standards and negotiating merchant agreements and subcontractor agreements to maximize compliance with the standards;
* designing vendor management programs, along with the drafting and negotiation of agreements, to minimize the risks of service-provider access to sensitive information. This also encompasses the drafting and negotiation of agreements that address incident response, indemnification, notification, data ownership and the implementation and auditing of security safeguards;
* directing an information-security assessment for a Fortune 50 company to identify legal risks associated with its procedures for collecting, storing, using and disposing of sensitive information;
* training employees of covered entities, business associates and insurance companies about the proper handling of protected health information; and
* advising Fortune 100 companies about their obligations under federal data privacy laws, such as the Gramm-Leach-Bliley Act, HIPAA/HITECH, CAN-SPAM and the Fair and Accurate Credit Transactions Act. Al also regularly helps companies comply with Texas HB 300, California’s Online Privacy Protection Act and all state privacy laws and regulations.

Al chairs The Sedona Conference®´s newly-formed Working Group 11: Data Security and Privacy Liability. Tasked with developing guides to help organizations minimize their privacy and data security liability risks, the working group includes leading practitioners in privacy and data security law, in-house counsel, judges, regulatory authorities, and data forensic experts.

Al is a Certified Information Privacy Professional accredited by the International Association of Privacy Professionals, and he maintains a blog (Data Security Law Journal) where he regularly posts about legal developments and trends in data security and data privacy law.

Al serves on the International Association of Privacy Professionals’ Education Advisory Board and co-chairs the association's local chapter, South Florida KnowledgeNet. Al is also an active member of the U.S. Secret Service's Electronic Crimes Task Force. He is frequently invited to speak to business professionals about meeting the challenges associated with the proliferation of sensitive electronic information, and in 2013, he was selected to join Law360’s Privacy & Consumer Protection Editorial Advisory Board. Al also teaches cybersecurity law at St. Thomas University in Miami.

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Chair, Data & Discovery Strategies Practice at Shook, Hardy & Bacon LLP

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Co-Chair, Class Actions & Complex Litigation Practice at Shook, Hardy & Bacon LLP

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Co-Chair, Product Liability Litigation Practice Group at Shook, Hardy & Bacon LLP

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Partner at Shook, Hardy & Bacon LLP

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Partner at Shook, Hardy & Bacon LLP

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Partner at Shook, Hardy & Bacon LLP

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Partner at Shook, Hardy & Bacon LLP

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Partner at Shook, Hardy & Bacon LLP

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Managing Partner at Shook, Hardy & Bacon LLP

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Chairman at Shook, Hardy & Bacon LLP

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Alfred J. Saikali
Co-Chair, Data Security & Data Privacy Practice at Shook, Hardy & Bacon LLP
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Co-Chair, Data Security & Data Privacy Practice
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Shook, Hardy & Bacon LLP provides legal services. The firm's practice areas include agriculture & food safety, antitrust & trade regulation, banking & financial services, corporate governance, business litigation, and environmental & health law. It was founded in 1889 and is located in Kansas City, MO.

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