Eric A. Packel

Partner

Philadelphia
T +1.215.564.3031
F +1.215.568.3439

Overview

Eric Packel focuses his practice on privacy, data security and technology issues. Eric has significant experience counseling corporations, healthcare providers and other entities on compliance with data breach notification laws, as well as assisting with data incidents. He has worked with the Cyber Crime division of the Federal Bureau of Investigation (FBI), the U.S. Secret Service, local law enforcement and prominent forensics experts in data incident investigations, and often counsels clients on appropriate strategies to respond to regulatory investigations following breach incidents. Eric has also assisted clients in establishing written information security programs and crafting identity theft prevention programs pursuant to the Federal Trade Commission's Red Flag Rules. Leveraging his computer knowledge from his background as an information technology professional and as a Microsoft Certified Systems Engineer, Eric understands and assists clients in the various unique technical issues that arise related to privacy and data security incidents and subsequent forensic investigations.

Select Experience

  • Handled numerous breach incidents and suspected incidents nationwide for a large global insurance carrier, including breaches relating to the carrier's own companies as well as its vendors. Advised the client on strategies for initial investigations and working with law enforcement. Developed appropriate strategies for response to each incident and counseled the client on its legal obligations pursuant to applicable state statutes and Health Insurance Portability and Accountability Act/Health Insurance Technology for Economic and Clinical Health (HIPAA/HITECH).
  • Represented a corporate services company when malicious software (malware) compromised access to the company's servers, exposing the financial and personal information of thousands of individuals in all 50 states and numerous foreign countries. Led a team in investigating the scope of the incident, developing breach response strategy, drafting notifications to affected individuals and preparing notifications to numerous regulatory agencies.
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Experience

  • Handled numerous breach incidents and suspected incidents nationwide for a large global insurance carrier, including breaches relating to the carrier's own companies as well as its vendors. Advised the client on strategies for initial investigations and working with law enforcement. Developed appropriate strategies for response to each incident and counseled the client on its legal obligations pursuant to applicable state statutes and Health Insurance Portability and Accountability Act/Health Insurance Technology for Economic and Clinical Health (HIPAA/HITECH).
  • Represented a corporate services company when malicious software (malware) compromised access to the company's servers, exposing the financial and personal information of thousands of individuals in all 50 states and numerous foreign countries. Led a team in investigating the scope of the incident, developing breach response strategy, drafting notifications to affected individuals and preparing notifications to numerous regulatory agencies.
  • Led the investigation and analysis of an incident concerning stolen laptops from a university hospital. Advised the client on legal obligations pursuant to HIPAA/HITECH. Provided the client with a detailed legal analysis with respect to the applicable law and whether any notification obligations were triggered.
  • Represented a large payment processing company after its point-of-sale software environment was compromised by malware. Worked with the forensic team to determine the impact of the intrusion and the number of affected payment cards. Coordinated the response to various credit card companies with respect to potential fines related to the Payment Card Industry Data Security Standard (PCI-DSS) compliance.

Recognitions and Memberships

Recognitions

  • Microsoft Certified Systems Engineer (MCSE)

Memberships

  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Industries

Prior Positions

  • Marshall, Dennehey, Warner, Coleman & Goggin: Shareholder
  • Wolf, Block, Schorr & Solis-Cohen: Associate
  • Condѐ Nast Publications: Systems Engineer

Admissions

  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of Colorado
  • Pennsylvania

Education

  • J.D., Villanova University School of Law, 1987
  • B.S., Business Administration , Muhlenberg College, 1984