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Harvard Law School, J.D.
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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
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Co-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)
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Mark E. Schreiber's practice is in management defense of employment, compliance, and privacy law matters, including internal company investigations involving alleged fraud, financial improprieties, health care, anti-kickback, and other misconduct. He advises boards and special board committees on these matters. For more than 30 years, he has defended innumerable sexual harassment, discrimination, privacy, wrongful termination, employment contract, non-competition, defamation, ERISA, and disability matters at all levels, including in the trial and appellate courts.
He is Chair of the firm's Privacy and Data Protection Group, and also Co-Chair for Privacy Matters of the World Law Group, an international affiliation of large law firms. 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, and he co-authored the ABA text chapter on this subject. He has handled a number of HIPAA, medical, Gramm Leach, U.S. Safe Harbor and E.U. privacy and security and data breach matters for financial services, biotech and high tech companies, and universities and colleges in the U.S., E.U. and Asia. He has practiced extensively in privacy, data breach and compliance policy and 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 MBA Subcommittee that assisted the MCAD in drafting its widely recognized "Sexual Harassment in the Workplace Guidelines," and 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 the past 20 years, and Massachusetts Super Lawyers (Employment Defense) and has been recognized in the Super Lawyers Corporate Counsel Edition (Employment Litigation: Defense).
Mark E. Schreiber. Mr. Schreiber's practice is in defense of employment, healthcare compliance, FCPA and privacy law matters, including 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, 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. 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
- "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, ACI 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," Edwards Angell Palmer & Dodge Client Advisory, January 2010.
- "Recent Developments: 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", ECOA 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, 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 Respnses - 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 Whisteblower Programs Update," speaker, Minnesota Compliance & Ethics Group, November, 2007.
- "Whisteblower 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 Whisteblower 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 Guidlines 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 Angell Palmer & Dodge
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.
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