Eric A. Packel

Partner

Philadelphia
T +1.215.564.3031
F +1.215.568.3439

Overview

A thought leader on privacy and data security issues across industries, Eric Packel has deep experience in the healthcare sector and has advised hundreds of clients, including large healthcare systems, academic health centers and hospitals, on data privacy incidents under the Health Insurance Portability and Accountability Act (HIPAA).

Eric’s high-profile experience includes leading BakerHostetler’s healthcare team in response to an incident at a global cloud software provider that involved the databases of over 100 firm healthcare clients and their philanthropic foundations, affecting healthcare systems nationwide.

Eric also leads responses to regulatory investigations by OCR (the enforcement arm of the US Department of Health and Human Services) and state attorneys general, including large multistate investigations, in the wake of healthcare and other data breaches.

Eric has authored articles in various publications, including Healthcare Business Today, Law Journal Newsletters and Philadelphia Lawyer. He also contributed to a scholarly academic paper on ransomware, published in JAMA Health Forum.

Select Experience

  • Advises clients in the healthcare, insurance, financial and higher education sectors on responding to cybersecurity and data privacy incidents in the U.S. and globally.
  • Leads investigations of data security incidents, including the selection and engagement of third-party forensic investigators and interactions with the FBI and the Secret Service.
  • Provides clients with guidance on federal, state and international breach notification law requirements, as well as contractual notification obligations.
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Experience

  • Advises clients in the healthcare, insurance, financial and higher education sectors on responding to cybersecurity and data privacy incidents in the U.S. and globally.
  • Leads investigations of data security incidents, including the selection and engagement of third-party forensic investigators and interactions with the FBI and the Secret Service.
  • Provides clients with guidance on federal, state and international breach notification law requirements, as well as contractual notification obligations.
  • 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.

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

Blog

In The Blogs

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Data Counsel
Ransomware, COVID-19 and Regulations: Healthcare Entities Confront a Triple Threat
By Vimala Devassy, Courtney L. Litchfield, Eric A. Packel
July 1, 2021
Given what the healthcare industry faced in 2020, the seventh edition of our Data Security Incident Response (DSIR) Report, “Disruption and Transformation,” is aptly titled. As if fighting the COVID-19 pandemic weren’t enough for the...
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Data Counsel
Warning of Cybersecurity Threat to Healthcare Sector – Imminent Threat of Ransomware
By Eric A. Packel
October 29, 2020
BakerHostetler is closely monitoring a Cybersecurity Advisory issued jointly by several government agencies including the United States Department of Health and Human Services (HHS) and the FBI, on October 28. The Advisory warns of an...
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