-
Harvard Law School, J.D.
-
University of Michigan, B.A.
- U.S. District Court, District of Massachusetts
- U.S. Court of Appeals, First Circuit
- U.S. Supreme Court
- U.S. Court of Appeals, Sixth Circuit
-
Chair, Privacy Matters - World Law Group
- Co-chair, Boston Bar Association Privacy Comm. (2007-09)
- Arbitrator and Mediator, American Arbitration Association (AAA) (Commercial/Labor and Employment panel)
- International Association of Privacy Professionals
|
 |  |
Mark
E.
Schreiber
Edwards Wildman Palmer LLP
Partner
Boston
Tel 617.239.0585
Fax 617.227.4420
Download VCard
|
Mark E. Schreiber's practice is in management defense of employment, privacy law, and compliance matters, including internal company investigations involving alleged fraud, financial improprieties, data breaches, health care, anti-kickback, and other misconduct. He advises boards and special board committees on these matters. He has defended innumerable wrongful termination, sexual harassment, discrimination, privacy, employment contract, non-competition, and defamation matters at all levels, including in the trial and appellate courts.
He is the Chair of the Firm's Privacy and Data Protection Group Steering Committee and also Chair for Privacy Matters of the World Law Group, an international affiliation of 52 large law firms in some 70 countries. Mr. Schreiber was the recipient of the 2012 World Law Group Practice/Industry Group Leader of the Year Award in recognition of his privacy work. Edwards Wildman's Privacy & Data Protection Group is nationally recognized in the 2012 US Legal 500 and the 2012 Chambers & Partners USA Guide.
He helped found and was Co-Chair of the Boston Bar Association's Privacy Committee. Among his practice areas are E.U. data protection and cross-border data transfer, including adapting Sarbanes- Oxley hotlines abroad. He co-authored the ABA SOX text chapter on this subject. He has handled a number of credit card breaches, HIPAA, medical, Gramm Leach, U.S. Safe Harbor and E.U. privacy and security matters for financial services, biotech, high tech, and universities and colleges in the U.S., E.U. and Asia. He has practiced extensively in data breach management, compliance and privacy policy design, workplace e-mail and Internet matters, employee on-line misconduct and responses to government electronic searches.
Mr. Schreiber has litigated, written and lectured extensively on employment and privacy law in Massachusetts, and is credited by some with having helped develop the recent jurisprudence in this field. He co-chaired the Massachusetts Bar Association Subcommittee that assisted the MCAD in drafting its widely recognized "Sexual Harassment in the Workplace Guidelines." Mr. Schreiber was invited to speak to the Massachusetts Flaschner Judges Conference in 2004 on jury instructions and developments in employment law. He has authored a number of important articles, including employer monitoring of e-mail and Internet traffic, investigating and defending sexual harassment claims, employment discrimination law, wrongful termination claims, non-competition agreements, "customer stealing," theft of confidential information, and physician employment problems. His articles have been cited by the Mass. Supreme Judicial Court and elsewhere. He is listed in the Best Lawyers in America (Labor and Employment Law Section) and has been for over 25 years, Massachusetts Super Lawyers (Employment Defense) and Super Lawyers Corporate Counsel Edition (Employment Litigation: Defense). In 2011 and 2012, Mr. Schreiber was listed in The International Who's Who of Internet, e-Commerce & Data Protection Lawyers.
Mark E. Schreiber is Chair of the Firm's Privacy and Data Protection Group Steering Committee, a nationally recognized practice in the 2011 US Legal 500, and also Co-Chair for Privacy Matters of the World Law Group, an international affiliation of large law firms. As Chair of the World Law Group Privacy Matters Group, Mr. Schreiber was the recipient of the 2012 World Law Group Practice/Industry Group Leader of the Year Award. He helped found and was Co-Chair of the Boston Bar Association's Privacy Committee. Among his practice areas are data breach management, state data security regulations, EU data protection and cross-border data transfer, including adapting Sarbanes-Oxley hotlines abroad, and he co-authored the ABA text chapter on this subject. He has handled a number of security and data breach cases, HIPAA, medical, Gramm Leach, U.S. Safe Harbor and EU privacy matters, including for financial services, biotech and high tech companies, and universities and colleges in the U.S., EU and Asia. He has practiced extensively in privacy, data breach and compliance policy and design, workplace e-mail and Internet matters, employee on-line conduct and responses to government electronic searches, including US government agencies. Mr. Schreiber has had a long career of representing and defending entities in a variety of employment, compliance and privacy matters. He has advised a number of boards, special committees of boards and in-house counsel on internal investigation matters, including those involving alleged employee misconduct, fraud and abuse, anti-kickback and related matters. He was asked to address the Flaschner Judicial Institute (for the Massachusetts judiciary) in 2004 on jury instructions and employment law developments. His articles have been cited by the Massachusetts Supreme Judicial Court and elsewhere. He is listed in the Best Lawyers in America (Labor and Employment Law Section) and has been for over 20 years, and Massachusetts Super Lawyers (Employment Defense) and has been recognized in the Super Lawyers Corporate Counsel Edition (Employment Litigation: Defense). In 2011, Mr. Schreiber was listed in The International Who's Who of Internet, e-Commerce & Data Protection Lawyers.
Mark E. Schreiber's practice is in defense of employment, healthcare compliance, FCPA and privacy law matters including data breaches, internal company investigations involving alleged fraud and abuse, anti-kickback, and other misconduct. He advises boards and special board committees on these matters. He has assisted numerous pharma and medical device science companies, healthcare facilities and physicians in marketing compliance, anti-kickback, research fraud, HIPAA and medical privacy areas. This encompasses structuring emerging drug marketing rollout, healthcare related businesses, due diligence and compliance plans, including conflict of interest, grants, honoraria, consulting and other outside arrangements. He has interfaced with the OIG, FBI, US Attorney offices and other agencies in investigations of such conduct and arrangements. Mr. Schreiber has helped construct and vet numerous HIPAA, privacy, and medical disclosure programs for these entities, including in transactions. He is Chair of the Firm's Privacy Group Steering Committee, a nationally recognized practice in the 2011 US Legal 500, Co-Chair of the Boston Bar Association's Privacy Comm., and also Co-Chair for Privacy Matters of the World Law Group, an international affiliation of large law firms. As Chair of the World Law Group Privacy Matters Group, Mr. Schreiber was the recipient of the 2012 World Law Group Practice/Industry Group Leader of the Year Award. Among his practice areas are E.U. and global data protection and cross-border data transfer, including of clinical data abroad and in multi-national investigations, and in adapting Sarbanes-Oxley and FCPA whistleblower hotlines abroad. He has handled a number of related medical device, pharma and life science matters in Europe, including Eastern Europe, and parts of Asia.
Recent Speaking Engagements and Publications
- "Global Whistleblowing Programs: How to Construct them and Comply with Data Protection Laws", speaker/panelist, 2013 IAPP Europe Data Protection Intensive, April 24, 2013.
- "The Navigator: When you check in, your private information may be checked out," quoted, The Washington Post, March 28, 2013.
- "Massachusetts Supreme Judicial Court Expands Consumer Zip Code Privacy Protection in Tyler v. Michael Stores," co-author, Edwards Wildman Palmer LLP Client Advisory, March 2013.
- "Do Not Disturb: Data Privacy & Security Issues in the Hospitality Industry," speaker/panelist, The Hospitality Law Conference, Houston, Texas, February 11, 2013.
- "Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U.," quoted, The FCPA Report, January 2013.
- "Cloud Computing: Overcoming Legal Challenges to Explore the Opportunities," speaker, Edwards Wildman Palmer LLP Webinar, November 15, 2012.
- "Protected Concerted Activity: The New Frontier in the NLRB’s Increasing Focus on Non-Unionized Employers," co-author, Edwards Wildman Client Advisory, October 2012.
- "Practical Insights into Data Security and Privacy Regulatory Risks," speaker/panelist, Advisen Cyber Conference, New York City, October 24, 2012.
- "Privacy Issues in Employment Law," speaker and co-moderator, World Law Group, Privacy Matters and HR Law Group Joint Global Program, October 19, 2012.
- "Developments in Privacy/Data Protection Law in Latin America," moderator, World Law Group, Privacy Matters Global Program, October 9, 2012.
- "WLG Global Guide to Whistleblowing Programs-2012," co-author and editor, World Law Group, June 2012.
- "Is this really fair (Credit Reporting Act)?," co-author, Edwards Wildman Palmer LLP Client Advisory, June 2012.
- "Privacy and Data Protection Issues for Telecom, Media and Entertainment Companies", moderator, World Law Group, Finland, June 8, 2012.
- "Global Evolutions - Planning for and Responding to Data Breaches Outside the U.S.," speaker/panelist, NetDiligence Cyber Risk and Privacy Liability Forum, June 4-5, 2012.
- “Big Brother Is Online And A Rising Risk For Insurers,” co-author, Law360, March 29, 2012.
- "Online Behavioral Advertising/Tracking Litigation: A Rising Risk Facing Insurers and Insureds," co-author, Edwards Wildman Insurance and Reinsurance Review, March 2012.
- "Massachusetts Data Protection Law: Third-party Provision Effective March 1," speaker, International Association of Privacy Professionals Webinar, February 16, 2012.
- "March 1 Deadline for Companies and Vendors with Massachusetts Personal Information," co-author, Edwards Wildman Palmer LLP Client Advisory, January 2012.
- “European Data Protection Reform Update: Summary of the 25 January 2012 Announcement,” co-author, Edwards Wildman Palmer LLP Client Advisory, January 2012.
- "Data Breach Management and Cyberrisk Update," speaker, Association of Corporate Counsel Northeast Chapter, January 11, 2012.
- “Take Heed: Facebook and Google Buzz's Privacy Settlements With FTC Reinforce Need to Audit Privacy Practices and Revisit Statements and Policies,” co-author, Edwards Wildman Palmer LLP Client Advisory, December 2011.
- “Recent Developments in Cyber Risk,” speaker, Edwards Wildman Palmer LLP Webinar, November 17, 2011.
- "Legal and Business Risks of Social Media," speaker, Joint Meeting: Intellectual Property & Information Technology and Privacy Matters, World Law Group, Istanbul, Turkey, Oct. 27, 2011.
- "Foreseeable and Reasonable Mitigation Costs Can Constitute Cognizable Injury from a Data Breach - At Least Under Maine Law," co-author, Edwards Wildman Palmer LLP Client Advisory, October 2011.
- “Public Companies May Need to Disclose their Exposure to Material Cyber Security Risks According to New Guidance Issued by SEC Division of Corporation Finance,” co-author, Edwards Wildman Palmer LLP Client Advisory, October 2011.
- “Cyber Liability, Attacks, and Breaches Abroad and Across the Globe: Assessing Risk and Coordinating Policies in a Time of Stepped Up International Developments and Legislation,” speaker, American Conference Institute's 5th Annual Advanced Forum on Cyber & Data Risk Insurance, September 26 - 27, 2011, New York City, New York.
- "What Lessons Can Europe Draw from US Claims, Litigation and Practical Experience of Tackling Internet Security and Data Violations?," speaker, C5 Forum on Data Risk, Cyber and Network Security Insurance, September 20, 2011, London, United Kingdom.
- "Privacy Issues: Data Breaches, Global Hotlines, and Data Protection Implications," speaker, Ethics and Compliance Officers Association Law School Webcast, September 7, 2011.
- "Data Breach Compliance and Response: Understanding the Laws and Being Prepared," speaker, International Association of Privacy Professionals Web Conference, September 1, 2011.
- “Data Breach Management in the US and Abroad,” speaker, National Security and Terrorism Program, Reinsurance Association of America Members Forum, New York, July 21, 2011.
- “Data Breaches at Home and Abroad: This Can Mean You Too!,” speaker, Edwards Angell Palmer & Dodge Webinar, July 14, 2011.
- “Data Breaches and Class Actions,” speaker, Marsh NY Media & Entertainment Client Council Meeting, New York Times, New York, July 12, 2011.
- “Data Breaches at Home and Abroad: This Can Mean You Too!,” speaker, Edwards Angell Palmer & Dodge Seminar, June 21, 2011.
- “Data Privacy and Cloud Computing – Which National Rules Govern, Limit, and Restrict Globally Stored Information? Are There Restrictions on Outsourcing Information?,” speaker, Center for American and International Law, Symposium on Global Markets, June 15, 2011, Plano, Texas.
- “‘Damages’ and Other Litigation Issues after a Data Breach Event,” speaker, NetDiligence® Cyber Risk & Privacy Liability Forum, Philadelphia, Pennsylvania, June 9-10, 2011.
- “Data Breach: How to Protect your Company and Clients from a Data Breach, and How to Respond if One Occurs,” speaker, Massachusetts Lawyers Weekly's 2011 Business & Law Breakfast Forum, Boston, Massachusetts, May 26, 2011.
- “Global Whistleblower Hotlines: New French Restrictions Require Immediate Program Amendments,” co-author, Edwards Angell Palmer & Dodge Client Advisory, May 2011.
- “Effectively Conducting and Managing Internal Employee Investigations Overseas,” panelist, American Conference Institute’s Advanced Forum on Whistleblower Enforcement and Compliance, New York, New York, March 29, 2011.
- “Whistleblowing Programs: Integrating U.S. and European Perspectives," speaker and panelist, Annual Forum on Combating Corruption in the EU, Academy of European Law and OLAF (European anti-corruption office), Trier, Germany, February 11, 2011.
- "Data Transfers in Investigations: FCPA, Global SOX Hotlines and Data Protection," speaker, 10th Annual Forum on Privacy and Security of Consumer and Employee Information, American Conference Institute, Jan. 25-26, 2011, Washington, D.C.
- “Deadline Nears for Red Flags Rule; Companies Struggling,” quoted, Compliance Week, November 30, 2010.
- "The FTC's Red Flags Rule on Identity Theft Protection Will Be Effective December 31, 2010," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2010.
- “Hit the Little Guys: Smaller Companies are Paying the Price to Comply with the Bay State’s Eight-Month-Old Law,” featured, Mass High Tech, November 10, 2010.
- "Overcoming Commonly Overlooked Document Preservation, Review & Production Challenges," speaker, American Conference Institute, Government Investigations for Life Sciences Forum, Philadelphia, September 27 - 28, 2010.
- "Recent Court Rulings on Employer Review of Employees' Electronic Messages - Adjustment to Employer Policies Needed," co-author, Edwards Angell Palmer & Dodge Client Advisory, June 2010.
- "Preventing and Managing Litigation Associated With the Complex Array of State Breach Notification Laws," speaker, American Conference Institute, Data Privacy and Data Protection Conference, Dallas, June 3, 2010.
- "FCPA and Anti-Corruption for Life Science Companies," speaker, American Conference Institute, May 17, 2010.
- "Practical Implementation of Massachusetts Data Security Rules," speaker, program presented to Marsh, an insurance broker and strategic risk advisor, Boston, March 25, 2010.
- "March 1, 2010: Massachusetts Security Regulation Affecting All Companies with Personal Information of Massachusetts Residents," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Winter 2010.
- Local Issue/National Challenge: March 1 Massachusetts Data Security Requirements, speaker, webinar presented by Edwards Angell Palmer & Dodge LLP, February 11 and 17, 2010.
- "Deadlines for Data Security Requirements," co-author, Edwards Angell Palmer & Dodge Client Advisory, January 2010.
- " The FTC Red Flags Rule and Massachusetts Security Regulation," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2009.
- "FCPA Investigations and Data Protection," speaker, World Law Group, Zurich, October 1-3, 2009.
- "Every Company's Nightmare: Privacy and Data Breach Risks," speaker, program presented by ACG of Greater New York and Edwards Angell Palmer & Dodge LLP, New York, September 22, 2009.
- "FCPA, Anti-Corruption and Doing Business Internationally for Physicians," speaker, Kytherian Conference for Nephrologists and Hepatologists, Kythera, Greece, September 4, 2009.
- "Many still unprepared for federal ID-theft rule," quoted, Massachusetts Lawyers Weekly, July 27, 2009.
- "Global Anti-Corruption and Data Protection Issues," Ethics and Compliance Officers Association, Sponsoring Partner Forum, Colorado Springs, April 30, 2009.
- "Balancing Due Diligence Obligations with Privacy Laws and Cultural Requirements: Managing the Risks Inherent with Obtaining Personal Data and Transferring it to the US," speaker, American Conference Institute, FCPA and International Anti-Corruption for the Pharmaceutical and Medical Device Industries, New York City, April 28 - 29, 2009.
- "Outsourcing and Offshoring: Making Smart Decisions on Vendor Due Diligence and Contract/Insurance Requirements," speaker, webinar presented by Lockton, April 19, 2009.
- "Up close look at state's new data security regulations," co-author, Massachusetts Lawyers Weekly, March 23, 2009.
- "Data Privacy Rules in the EU," podcast interview with Compliance Week, March 20, 2009.
- "New Federal Red Flag, Massachusetts and Other State Data Security Rules," speaker, webinar hosted by Edwards Angell Palmer & Dodge LLP, Boston, Massachusetts, February 24, 2009.
- Anonymous Sarbanes-Oxley Hotlines for Multi-National Companies: Compliance with E.U. Data Protection Laws, The Practitioner's Guide to the Sarbanes-Oxley Act, Volume II, Chapter 9, American Bar Association, January 2009.
- "New Liabilities and Policies for Incidental Private Use of Company Electronic Systems and PDAs," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Winter 2009.
- "Understanding and Addressing Bias in the Workplace," speaker, American Arbitration Association, webcast, Feb. 5, 2009.
- "New Massachusetts Security Rules - What You Need to Do to Comply by May 1," speaker, webinar hosted by Edwards Angell Palmer & Dodge LLP, Boston, Massachusetts, January 21, 2009.
- "The New Massachusetts Security Regulation - A New Paradigm," speaker, Deloitte and Touche, Boston, Massachusetts, December, 2008.
- "New Liabilities and Policies for Incidental Private Use of Company Electronic Systems and PDAs," co-author, Boston Bar Journal, November/December 2008.
- "Mass. Personal Information Protection Regulations," co-chair and speaker, with Office of Consumer Affairs and Business Regulation, Boston Bar Privacy Committee, November, 2008.
- "Extension of Robust New Massachusetts Security Rules - What is Needed Now to Comply by May 1," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2008.
- "New Massachusetts Guidelines for Mandatory Computer Security Policies," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2008.
- "Anti-Corruption and FCPA from a 360 Global Perspective," speaker, World Law Group, Santiago, Chile, October, 2008.
- "U.S. Data Breach Laws and Compliance Issues," speaker, Ethics and Compliance Officers Association (ECOA)webcast, October, 2008.
- "European Data Protection and FCPA and SEC Investigations Globally," co-author, Edwards Angell Palmer & Dodge Client Advisory, October 2008.
- "Information Security Breaches and Appropriate Responses - New Mandatory Security Rule in Massachusetts and Privacy Policy in Connecticut," co-author, Edwards Angell Palmer & Dodge Client Advisory, October 2008.
- "Global Data Transfers and Data Breaches: Practical Options for Companies," speaker, The 5th Annual Privacy & Data Protection UK 2008 "Data Protection: Global Compliance Management Conference", London, United Kingdom, September 3, 2008.
- "The FCPA & Doing Business Internationally: Compliant or Complaint," speaker, Edwards Angell Palmer & Dodge and the Association of Corporate Counsel (ACC) Greater New York Chapter, New York, June 26, 2008.
- Presenter, "Global Data Breaches and Enforcement," with law firms in 6 countries, World Law Group Privacy Matters, Athens Greece, May, 2008.
- "Use and transfer of medical and clinical data in Greece," World Data Protection Report, February 2008.
- "Aggressive New Massachusetts Data Breach Law and Proposed Security Rules Require Company Action," co-author, Privacy & Data Security Law Journal, February 2008 and Edwards Angell Palmer & Dodge Client Advisory, February 1, 2008.
- "Corporate Obligations Under The State's New Data Breach Law," co-author, Massachusetts Lawyers Weekly, January 21, 2008.
- Practical Issues with the New MA Data Breach Law Roundtable, speaker, Privacy Law Committee, Boston Bar Association, January, 2008.
- "When It's Time for the Board to Investigate the CEO," speaker, Stybel Peabody Seat at the Table, November, 2007.
- "Identity Fraud, Computer Forensics, and E-Discovery," speaker, Criminal Law Section, Boston Bar Association, November, 2007.
- "SOX Whistleblower Programs Update," speaker, Minnesota Compliance & Ethics Group, November, 2007.
- "Whistleblower Mechanisms for the Global Enterprise," speaker, with Global Compliance, Inc. General Counsel, Boston Bar Association, Privacy Committee, October, 2007.
- "Data Protection from the U.S. Company Perspective," speaker, Licensing Executives Society of Britain and Ireland, Dublin, Ireland, September, 2007.
- "Transfer Troubles - U.S. Companies to New Tool...," by Keith Ecker, interviewed and quoted, Inside Counsel, September 1, 2007.
- "Data Protection Issues from Asia and the Pacific Rim, including SOX Whistleblower Update," speaker, Ethics and Compliance Officers Assoc. Annual Conference ("ECOA"), Los Angeles, California, September, 2007.
- "New Employer Obligations for Whistleblower Programs in European Operations - Next Stop Germany," Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Summer/Fall 2007.
- "Anti-kickback laws pose risk for life sciences firms," co-author, Mass High Tech, September 7, 2007.
- "EU Whistleblower Hotlines – Current Trends and Best Practices," presenter, EthicsPoint Webinar, August 1, 2007.
- "SOX Whistleblower Hotline Programs in the EU - Evolving best practices in France, Germany and elsewhere," co-presenter, Ethics & Compliance Officers Association Webinar, June 21, 2007.
- "Finally: German Whistleblower Guidelines Released," quoted, Compliance Week, May 1, 2007.
- "Whistleblowing - Hotlines: Internal Warning Systems and Employee Data Protection," Düsseldorfer Kreis Working Group, April 23, 2007.
- "Reducing the Risk of Whistleblower Complaints ," co-author, Risk Management Magazine, November 2006.
- "Privacy Rules of Whistleblower Complaints and Investigation," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Summer 2006.
- "Anti-Kickback Laws Pose Risk to Health Care Deals," Venture Capital Journal, Volume 6, June 2006.
- Transatlantic E-Discovery, Kroll Ontrack Electronic Evidence Thought Leadership Series, 2006, Washington, D.C.
- SOX Whistleblowing Programs in the E.U., Ethics and Compliance Officers Assoc. Forum, 2006, New Mexico
- EU Privacy & Data Protection 2006 and 2005, London, England and Chicago
- Greek Data Protection and Clinical Trials, Kytherian Days Conference (Greek Physicians), 2005, Kythera, Greece
- Anti-kickback Applied to Medical Device and Biotech Companies, 2005
- HIPAA for Life Science and Biotech Companies, Baltimore, Maryland, HIPAA X Summit, 2005, Baltimore, Maryland
- Privacy Issues for Airports, Airports Council International, 2005, Bermuda
- Global Privacy Update - More US Businesses Face Privacy Dilemmas and Enforcement Actions
- HIPAA Update
- Doing Business Under the CAN-SPAM Act
- EU Global Privacy Policy Lunch Program
Before Edwards Wildman
From 1975-79, Mr. Schreiber was the chief trial lawyer for the Massachusetts Commission Against Discrimination. He was invited to speak to the Massachusetts Superior Court Judges Conference in 1989 on employment law developments. He also contributed to MCLE's Employment Documents (Liebowitz, ed. 1998), and A Judicial Guide to Labor and Employment Law, (Walsh, ed. 1990), produced by the Flaschner Judicial Institute, a widely recognized Massachusetts text in this field.
|
|