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David F. Katz

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
david.katz@nelsonmullins.com

David Katz is a partner in Nelson Mullins Riley & Scarborough's Atlanta office where he leads the Privacy and Information Security Practice Group. He provides legal advice on matters related to the privacy laws affecting multiple sectors of the economy including retail, financial services, education, healthcare, and technology. He counsels corporate clients on the development,...

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David Katz is a partner in Nelson Mullins Riley & Scarborough's Atlanta office where he leads the Privacy and Information Security Practice Group. He provides legal advice on matters related to the privacy laws affecting multiple sectors of the economy including retail, financial services, education, healthcare, and technology. He counsels corporate clients on the development, management and oversight of privacy and compliance programs, vendor management programs and assists them in developing policies and procedures, education strategies, implementation of auditing and monitoring controls, reviews of disciplinary and enforcement activities, and risk assessments. His corporate practice includes providing privacy and security due diligence reviews for mergers and acquisitions. He represents client at all stages of incident response from investigation, notification, remediation and defense of litigation and regulatory inquiry.

management and oversight of privacy and compliance programs, vendor management programs and assists them in developing policies and procedures, education strategies, implementation of auditing and monitoring controls, reviews of disciplinary and enforcement activities, and risk assessments. His corporate practice includes providing privacy and security due diligence reviews for mergers and acquisitions. He represents client at all stages of incident response from investigation, notification, remediation and defense of litigation and regulatory inquiry.

David Katz is a partner in Nelson Mullins Riley & Scarborough's Atlanta office where he leads the Privacy and Information Security Practice Group. He provides legal advice on matters related to the privacy laws affecting multiple sectors of the economy including retail, financial services, education, healthcare, and technology. He counsels corporate clients on the development,... management and oversight of privacy and compliance programs, vendor management programs and assists them in developing policies and procedures, education strategies, implementation of auditing and monitoring controls, reviews of disciplinary and enforcement activities, and risk assessments. His corporate practice includes providing privacy and security due diligence reviews for mergers and acquisitions. He represents client at all stages of incident response from investigation, notification, remediation and defense of litigation and regulatory inquiry.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Due Diligence in the Privacy and Security Context
    • Performed privacy due diligence for multiple major healthcare acquisitions
    • Performed privacy and security rule risk assessment under HIPAA and HITECH for a national skilled nursing care provider
    • Performed privacy and security due diligence for the acquisition of a major digital marketing company
    • Counseled multiple retail organizations in full scale risk assessments and remediations of privacy and security practices
    • Provided legal advice to high level executives and department managers of major retail companies regarding consumer law, consumer protections issues and collections practices, assuring compliance and helping these companies avoid detrimental risk
    • Counseling regarding emerging and new digital offerings (e.g. cloud, software, interactive, analytics, mobility)
    • Represented an international auto manufacturer in the implementation of a global workforce management program in compliance with safe harbor and global data protection
    • Represented an international auto manufacturer in the review and revision of certain data sharing agreements
    • Provided privacy and data security counseling and drafted agreements and policies for a company's roll-out of new E-commerce platform
  • Data Breach Response
    • Counseled a financial institution through all stages of a data breach incident, including incident analysis and breach containment, incident disclosure (i.e., notification in compliance with all regulatory requirements), loss mitigation, and remediation.
    • Counseled a payment processing vendor through all stages of a data breach incident, including incident analysis and breach containment, incident disclosure (i.e., notification in compliance with all regulatory requirements), loss mitigation, and remediation
    • Counseled a major national retailer through a security incident investigation, compliance, risk assessment, and remediation
    • Counseled the domestic subsidiary of a major international company through a security incident investigation
    • Counseled a small accounting firm through a data breach investigation and customer notification
    • Counseled a software as a service (SAAS) provider through a security vulnerability discovery and client notification
    • Counseled multiple E-commerce website companies through security breach investigations
    • Developed Incident Response Plans for large corporations, including identifying stakeholders, establishing communication protocols, drafting policies, identifying and engaging any necessary third party vendors, and developing training documents for employees
  • Information Management
    • Provided counsel to a large construction company in developing a company-wide document retention policy, including drafting an electronic resources policy and various training documents for effective onsite implementation
    • Provided counsel to a mobile payment processing company in developing a company-wide document retention policy, including drafting an electronic resources policy and various training documents for effective onsite implementation
    • Provided counsel to a nonprofit company in developing a company wide document retention policy

Previous Professional Experience

  • Senior Legal Counsel, Compliance and Privacy Manager, Aaron's, Inc. (2011-2013)
  • Legal Counsel, Aaron's, Inc. (2006-2011)
  • Senior Assistant District Attorney - Zone One Community Prosecutor, Office of the District Attorney for Fulton County (2005-2006)
  • Office of the State's Attorney for Baltimore City
    • Senior Assistant State's Attorney- Firearms Enforcement Violence Enforcement “F.I.V.E” Division (2003-2005)
    • Assistant State's Attorney - Narcotics Division (June 2000-December 2001 & August 2002-October 2003)
    • Assistant State's Attorney - District Court Division (December 2001- August 2002)

Education

  • University of Baltimore School of Law, JD (1999)
  • University of Georgia, BA, Political Science (1996)

Admissions

  • Georgia,
  • Maryland,
  • Supreme Court of the United States,
  • U.S. Court of Appeals for the Fourth Circuit,

Practice Areas

Industries

  • Cybersecurity Law & Strategy, Editorial Board (2016-present)
  • Adjunct Faculty Member, Atlanta’s John Marshall Law School, Professor, Business Planning (Spring 2012, Fall 2013)
  • Adjunct Faculty Member, Baltimore City Community College (2002-2004)
  • Technology Association of Georgia, Financial Technology; Steering Committee Member
  • DRI Voice of the Defense Bar
  • International Association of Privacy Professionals (December 2011)
  • Georgia Bar Association- Franchise Law Section, Member Programming Committee (2009, 2011)
  • Association of Corporate Counsel, Atlanta Chapter Member (August 2006-present)
  • United States Army Reserve, Captain, Judge Advocate General Corps
  • Honorable Discharge (November 2009)
  • Judge Advocate, 213th Legal Support Organization, Decatur, Georgia (August 2005-November 2007)
  • Trial Counsel, 10th Legal Support Organization, Upper Marlboro, Maryland (June 2001-August 2005)
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