Dan Vinish is a commercial litigator and privacy professional with the firm’s New York office. Dan handles complex commercial litigation across various industry sectors, including financial services, health, telecommunications, digital marketing, consumer electronics, mobile applications and international trade, on issues involving commercial contract disputes, trade secrets, and various economic torts. Dan has extensive experience advocating before state, federal and international dispute resolution bodies at all phases of litigation and arbitration.

    Dan’s passion lies in the digital world, where he regularly advises clients across all industry sectors on issues impacting the privacy and security of consumer personal information. On the privacy side, Dan values the importance of understanding each client’s individual goals for the collection, use and disclosure of consumer information. Dan works with clients to understand how these goals impact their everyday business practices to help develop and refine privacy compliance programs, manage consumer inquiries and rights, and externally message privacy issues in accordance with state, federal and international law. On the security side, Dan leverages his computer programming background to evaluate data processing and storage techniques, manage technical risk assessments, craft cybersecurity incident response plans, assess encryption and other security techniques, and guide clients through all aspects of the “what ifs” in this space.

    The International Association of Privacy Professionals (IAPP) has recognized Dan as a Certified Information Privacy Professional on US law (CIPP/US). Dan also serves as a vice-chair on the American Bar Association’s TIPS Cybersecurity & Data Privacy general committee, where he is actively involved in developing new CLE-certified privacy-focused educational programs for fellow professionals.

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    • Advised numerous companies on compliance with US state and federal law privacy and security laws, including the Gramm-Leach Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), Fair Credit Reporting Act (FCRA), Section 5 of the Federal Trade Commission Act, CAN-SPAM, Children’s Online Privacy Protection Ac, and various state privacy, security and breach notification laws.
    • Partnered with various companies to assess global privacy law compliance, including review of the laws and regulations of the US, Canada and various countries throughout Europe (EU and non-EU) and Asia.
    • Advised companies in various industry sectors on developing and implementing cybersecurity incident response and disaster recovery plans for responding to data breaches, including forensic investigations and consumer and regulator notice.
    • Advised multiple international organizations on compliance with the European Union’s General Data Protection Regulation (GDPR).
    • Advised clients on US-EU Privacy Shield self-certification.
    • Partnered with consumer-facing marketing companies to assess complex data acquisition and use flows to ensure compliance with state, federal and international law and externally message data processing activities.
    • Advised clients on the scope of available insurance coverage for cybersecurity incidents, including litigation and regulatory costs, network security, forensic investigations, insider threats, computer and funds transfer fraud, business interruption, crisis management and incident notification costs.
    • Advised healthcare providers on risk assessments focusing on administrative, technical and physical security controls required to comply with HIPAA.
    • Assisted various consumer products companies in assessing US litigation exposure resulting from data security incidents and structured contractual indemnification.
    • Represented multiple technology companies in pursuing and defending against trade secret misappropriation claims and various economic torts, domestically and internationally.
    • Represented multiple companies in commercial contract disputes involving economic torts, including fraud and unfair competition.
    • Represented Canadian and Chinese exporters in international trade disputes with US companies.
    • Represented multiple domestic and foreign companies in commercial litigation and arbitration involving complex financial instruments.
    • Member of multiple teams responding to Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA) and Federal Bureau of Investigation (FBI) investigations alleging fraud and other misconduct in connection with complex financial instruments.

    Education

    • St. John's University, School of Law, with honors, J.D.
    • Binghamton University, (State University of New York), with honors, B.S.

    Admissions

    • New York, 2007
    • New Jersey, 2007

    Courts

    • U.S. Dist. Ct., S. Dist. of New York
    • U.S. Dist. Ct., E. Dist. of New York
    • U.S. Ct. of International Trade

    Memberships and Affiliations

    • Vice-chair, TIPS Cybersecurity & Data Privacy general committee, American Bar Association
    • Volunteer leader, Boy Scouts of America cub scouting program

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    • Certified Information Privacy Professional on US law (CIPP/US), International Association of Privacy Professionals (IAPP), 2018
    • Cyber Risk Management, The Institutes Risk & Insurance Knowledge Group, 2017

    • Author, “Federal Financial Institutions Examination Council Cautions Companies Not to Over-Rely On Cyber Insurance in Lieu of Robust Security Controls,” Security & Privacy // Bytes, April 13, 2018.
    • Author, “New York Court of Appeals Looks to Policy Language Again to Allocate Risk Proportionately to Insurers,” Insurance and Reinsurance Disputes Blog, April 11, 2018.
    • Co-author, “New OCR Settlement Targets Safety Net Provider on Security Rule Deficiencies,” Data Law Insights, April 14, 2017.
    • Co-author, “Cybersecurity and Consumer Data Privacy in the Insurance Sector: The Current Framework and a Look Ahead,” Bureau of National Affairs, Inc. (Bloomberg BNA), May 11, 2016.
    • Presenter, “Connecticut’s Sponsored Captive Insurance Vehicle – A Revolutionary Alternative for Legacy Runoff,” Association of Insurance & Reinsurance Runoff Companies, Spring 2016 Educational Day.
    • Presenter, “Making Sense of Reinsurance Contracts: Extra Contractual Obligations & Excess of Policy Limits,” Intermediaries & Reinsurance Underwriters Association (IRU) 2015 Reinsurance Workshop.

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