Michael E. Fitzgerald

He | Him | His

Associate

Philadelphia
T +1.215.564.2740
F +1.215.568.3439

Overview

Through his digital risk advisory and cybersecurity practice, Michael Fitzgerald assists clients through all stages of data security events. From the initial breach response and investigation to notification and regulatory inquiries, he treats each incident as a unique situation that requires individualized solutions. When a data breach occurs, Michael guides clients through post-event analysis and response, and directs forensic investigations. He also works with clients to satisfy any notification duties created by a data event and respond to any subsequent regulatory inquiries. Additionally, Michael advises clients on the interpretation of applicable state, federal, and international data privacy laws.

Diligent and detail-oriented, Michael maintains a client-focused approach to each data breach incident, ensuring that each incidence is handled in a manner that meets the needs of each individual client.

Select Experience

  • Counseled clients in data privacy matters involving data breaches, business email compromises, malware/ ransomware, network intrusions, inadvertent disclosure, theft, and third-party vendor breaches.
  • Assisted over 60 clients in responding to potential data privacy events in a variety of industries ranging from multi-national corporations to local nonprofits, municipalities, hospitals and educational institutions.
  • Organizes and coordinates all aspects of breach response, including assisting clients with mitigation efforts, selecting vendors, managing and directing forensic investigations, and preparing the requisite notification communications such as individual notification, regulatory notification and media statements.
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Experience

  • Counseled clients in data privacy matters involving data breaches, business email compromises, malware/ ransomware, network intrusions, inadvertent disclosure, theft, and third-party vendor breaches.
  • Assisted over 60 clients in responding to potential data privacy events in a variety of industries ranging from multi-national corporations to local nonprofits, municipalities, hospitals and educational institutions.
  • Organizes and coordinates all aspects of breach response, including assisting clients with mitigation efforts, selecting vendors, managing and directing forensic investigations, and preparing the requisite notification communications such as individual notification, regulatory notification and media statements.
  • Assists clients in managing and responding to post-breach regulatory inquiries conducted by federal regulators and state attorneys general, including reviewing internal policies and drafting formal responses to regulatory inquiries.
  • Responds to breaches and mitigates data exposures involving phishing, hacking, malware, pervasive network intrusions, employee negligence, inadvertent disclosure, theft, vendor misconduct and other potential or actual security incidents.
  • Regularly assists clients in preparing for, managing and responding to regulatory inquiries or investigations conducted by state attorneys general and HHS OCR, including reviewing internal policies and procedures, updating staff training materials and drafting formal responses to regulatory inquiries.

Recognitions and Memberships

Memberships

  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Admissions

  • U.S. District Court, Eastern District of Pennsylvania
  • Pennsylvania

Education

  • J.D., Syracuse University College of Law, 2015
  • B.A., The Catholic University of America, 2009

Blog

In The Blogs

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Data Counsel
New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR
By Michael E. Fitzgerald, Benjamin D. Wanger
February 19, 2021
In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose personal data...
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