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Joseph J. Lazzarotti

Principal
Morristown

P 973-451-6363
F 973-540-9015
LazzaroJ@jacksonlewis.com

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Biography

Joseph J. Lazzarotti is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He founded and currently helps to co-lead the firm's Privacy, e-Communication and Data Security Practice, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals.

In short, his practice focuses on the matrix of laws governing the privacy, security and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to health and welfare plans, and is a member of the firm's Health Care Reform Team.

Mr. Lazzarotti speaks and writes regularly on current employee benefits and data privacy and security topics and his work has been published in leading employment and business journals such as Bender's Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy and Data Security Law Journal. He has discussed his views on these issues in a number of media outlets, including Inside Counsel, The National Law Journal, Financial Times, Business Insurance Magazine, HR Magazine and NPR.

Mr. Lazzarotti served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.

Privacy, Social Media and Information Management Experience

As a part of Mr. Lazzarotti's work in the area of privacy, social media and information management, he counsels multinational, national and regional companies in all industries on the broad array of mandates, best practices and preventive safeguards. For example, he advises health care providers and group health plan sponsors concerning HIPAA/HITECH compliance, as well as retail, health care, entertainment and other companies in developing social media strategies and policies. His work includes developing written information security programs (WISPs), conducting on-site executive and employee trainings and helping clients through the process of responding to breaches of personal information. He has also represented companies with respect to inquiries concerning privacy and security from the HHS Office of Civil Rights and other agencies and negotiates numerous business associate agreements and other data privacy and security agreements.

Benefits Counseling Experience

Mr. Lazzarotti's work in the benefits counseling area covers many areas of employee benefits law. For example, as part of the Firm's Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans, which includes counseling concerning the new reform law, as well as assisting in the set up of administrative and other arrangements with third-party administrators, claims administrators and other vendors. He also provides counsel with respect to the design, implementation and operation of severance and fringe benefit plans. His work often involves day-to-day legal advice concerning employee benefit plan operation and administration and trouble-shooting with respect to errors in operation.

Professional Associations and Activities

  • American Bar Association
  • International Association of Privacy Professionals, CIPP

Published Works

  • Inside The Minds – Complying With Health Care Privacy Laws (NA: Aspatore Books, 2008) [Contributing Author]
  • "A Survey of the Same-sex Marriage Landscape for New Jersey Employers Following United States v. Windsor and Garden State Equality v. Dow," NJ Labor & Employment Law Quarterly Vol. 35, No. 2 (February 2014) [Co-Author]
  • "Joseph J. Lazzarotti on State Data Privacy and Security Laws," Available in LexisNexis, Emerging Issues (February 8, 2008) [Interview Exclusive]
  • "“EFCA” Employee Free Choice Act," Bender’s Labor & Employment Bulletin 8.12 (2008) [Co-Author]
  • "The Emergence of State Data Privacy and Security Laws Affecting Employers," Hofstra Labor & Employment Law Journal 25.2 (Spring 2008) [Author]
  • "California Expands Data Breach Notification Requirements to Include Medical and Health Insurance Information," Privacy & Data Security Law Journal 75 (January 2008) [Author]
  • "Massachusetts Identity Theft Law Creates Data Breach Notification, Protection, and Destruction Requirements," Privacy & Data Security Law Journal 69 (January 2008) [Author]
  • "Oregon and Washington Employers Face Enhanced Data Privacy and Security Obligations," Privacy & Data Security Law Journal 63 (January 2008) [Co-Author]
  • "The US approach to notifying individuals of a breach of their personal information," Privacy Law Bulletin 4.6 (November/December 2007) [Author]
  • "HIPAA Enforcement: Farce or Reality?" Privacy & Data Security Law Journal 2.8 (July 2007) [Author]
  • "Recent Developments in State Privacy and Data Security: Assessing New Business Risks," Professional Liability Underwriting Society Journal 20.4 (April 2007) [Author]
  • "Recent Developments in State Privacy and Data Security Laws Increase Business Risks," Hudson Valley Business Journal (March 19, 2007) [Author]
  • "Starting the year off right," Hudson Valley Business Journal (Jauary 22, 2007) [Co-Author]
  • "Recent Developments in Privacy for the Healthcare Employer," MyZiva's Nursing Home Business 2 (January/February 2007) [Author]
  • "Voluntary Individual Benefit Programs: Meeting the Demands of a Varied Workforce at Minimal Cost," Bender's Labor & Employment Bulletin 572.6 (December 2006) [Co-Author]
  • "Responding to an Unauthorized Breach of Your Company's Electronic Personal Information: A Discussion of State Breach Notification Laws and Preventive Strategies," Privacy & Data Security Law Journal 1.12 (November 2006) [Author]
  • "Wellness programs can benefit the bottom line," Hudson Valley Business Journal 17.17 (September 4, 2006) [Author]
  • "An Introduction to Wellness Programs: The Legal Implications of “Bona Fide Wellness Programs,"" Bender’s Labor & Employment Bulletin 6.6 (June 2006) [Author]
  • "What Are A Small Employer's Obligations Under The HIPAA Security Rules?" Bender’s Labor & Employment Bulletin 6.4 (April 2006) [Author]
  • "What Are A Small Employer's Obligations Under The HIPAA Security Rules?" Privacy & Data Security Law Journal 1.6 (May 2006) [Author]
  • "ERISA Basics - What Is a Summary Plan Description," Bender's Labor & Employment Bulletin 5 (October 2005) [Author]
  • "A Review of the Key changes in the Final HIPAA Portability Regulations," Bender's Labor & Employment Bulletin 5.3 (March 2005) [Author]
  • "Department of Labor Issues Final COBRA Notice Regulations," Bender's Labor & Employment Bulletin 4.9 (September 2004) [Co-Author]
  • "What Are a Small Employer's Obligations under the HIPAA Privacy Rules?" Bender's Labor & Employment Bulletin 4.3 (March 2004) [Author]
  • "Small Business and HIPAA Privacy Rules," Westchester County Business Journal (Feburary 9, 2004) [Author]
  • "Public Use or Public Abuse," 68 UMKC Law Review 49 68.49 (January 2000) [Author]

Speeches and Presentations

  • “The $36,000 Question: An In-Depth Review of the ACA’s $100 a Day Penalty,” United Benefits Advisors Webinar (November 2015)
  • “Wellness Programs–A Business Imperative,” Association of Corporate Counsel, New Jersey’s Annual CLE Conference, (Whippany, NJ, September 2015) (Co-Presenter)
  • “ACA Employer Reporting Requirements and Same-Sex Marriage Developments,” Sullivan Benefits (Tampa, FL, September 2015)
  • “Impact of the Obergerfell Same-Sex Marriage Decision on Benefit Plans,” United Benefits Advisors Webinar (August 2015)
  • “Privacy and Security Developments in the Workplace,” Sixteenth Annual Institute on Privacy and Data Security Law, Practicing Law Institute (PLI) (Chicago, IL, July 2015) (Co-Presenter)
  • “Data Breaches and Preparation,” National Association of Security Companies (NASCO) Annual Conference (Washington, DC, June 2015)
  • “ACA Reporting Requirements,” Sullivan Benefits (Ft. Lauderdale, FL, May 2015)
  • “HIPAA Privacy Compliance and Developing Effective Training Program,” Assisted Living Federation of America (ALFA) Annual Conference (Tampa, FL, May 2015)
  • “ACA Reporting Requirements,” Sullivan Benefits (Ft. Myers, FL, April 2015)
  • “Data Security and Breach,” Jackson Lewis (Philadelphia, PA, March 2015)
  • “Privacy 101: Data Security and Social Media Traps for the Unwary,” Jackson Lewis (Morristown, NJ, March 2015) (Co-Presenter)
  • “Data Security and Breach,” Jackson Lewis (San Juan, PR, March 2015)
  • “ACA Reporting Requirements,” United Benefits Advisors Webinar (March 2015)
  • “ACA Reporting Requirements,” Sullivan Benefits (Orlando, FL, February 2015)
  • “Legal Requirements of Voluntary Insurance Programs,” United Benefits Advisors Webinar (February 2015)
  • “Top Data Privacy and Security Issues for 2015,” Jackson Lewis Webinar (January 2015) (Co-Presenter)
  • "Ebola Preparedness," Association of Corporate Counsel Washington D.C. Chapter, Webinar (November 2014) (Co-Presenter)
  • "Wellness Program Compliance," United Benefits Advisors Webinar (October 2014)
  • “Data Breach Response Workshop,” IAPP KnowledgeNet (Morristown, NJ, September 2014) (Co-Presenter)
  • "HIPAA Compliance Update for Providers," Connecticut Assisted Living Association (Wallingford, CT, September 2014)
  • "Managing Remote Workforce - Employment and Data Security Issues," Association of Corporate Counsel, Miami, FL Chapter (September 2014) (Co-Presenter)
  • "Data Privacy, Data Breaches and Monitoring," Stafford Webinar (August 2014) (Co-Presenter)
  • "Data Breach Law Update," Executive Roundtable, PA Association of Mutual Insurance Companies (Leola, PA, June 2014)
  • Global Data Privacy Roundtable, Global Counsel Congress (New York, NY, June 2014)
  • "Yes, You Need To Safeguard Personal and Company Data…A Survey of the Laws Applying to Customer and Employee and Data Breach Survival Plan," Jackson Lewis Information and Data Security Symposium (Detroit, MI, April 2014) (Keynote Speaker)
  • "#Employers: Social Media in the Workplace," Jackson Lewis San Juan 1st Annual Labor and Employment Conference, Surveying the Workplace Law Landscape (San Juan, PR, March 2014) (Co-Presenter)
  • “Data Privacy and Security: Considerations and Best Practices Including BYOD Issues," Jackson Lewis 3rd Annual Raleigh-Durham Symposium (Raleigh, NC , February 2014) (Co-Presenter)
  • Data Privacy Roundtable, People’s United Bank (Westchester, NY, June 2013)
  • Keynote Address: "Compliance Risks Health Care Reform and Data Privacy," Jackson Lewis White Plains Symposium, (Westchester, NY, June 2013) (Co-Presenter)
  • "Big Data: Data Privacy and Security, Risks," Jackson Lewis Hartford Symposium (Hartford, CT, June 2013)
  • "HIPAA Privacy and Security Update," Interagency Council of Developmental Disabilities Agencies, Inc. Graduate Center, CUNY (New York, NY, May 2013)
  • "What The Affordable Care Act Means For Your Business," Connecticut Business and Industry Association (Southington, CT, May 2013)
  • "Health Care Reform: Key Provisions Affecting Employees," NYS Community Action Association (Mahwah, NJ, May 2013)
  • "Human Resources Boot Camp for New Jersey Employers," Health Care Reform and Data Privacy Segments, Pro Bono Partnership, Seton Hall Law School (Newark, NJ, May 2013)
  • "HIPAA Privacy and Security Update," United Benefits Advisors Webinar (May 2013)
  • "The eWorkplace: Privacy and Information Security Policy," 2013 Labor and Employment Conference (Dallas, TX, May 2013)
  • "Health Care Reform Update," Memphis, TN SHRM Chapter (Memphis, TN, March 2013)
  • "Health Care Reform Update," Somerset, NJ SHRM Chapter (Somerset, NJ, January 2013)
  • "Data Security and Social Networking," NJ Institute for Continuing Legal Education (New Brunswick, NJ, December 2012)
  • "Protecting Company and Personal Data: Spotting Issues and Removing Silos ... HR and Beyond," Jackson Lewis Employment Law Workshop (Las Vegas, NV, November 2012)
  • "Affordable Care Act Update," Tarpey Group (Montclair, NJ, November 2012)
  • "Uses of Social Media Risks and Reward for CPA Firms," CNA Webinar (September 2012) (Co-Presenter)

See AllJoseph J. Lazzarotti in the News

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April 1, 2016
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Featured in "2015 review - 2016 forecast: Federal agencies on the move"

April 1, 2016

In “2015 review—2016 forecast: Federal agencies on the move ,” Wolters Kluwer publishes their second in a series of three briefings on the most important agency developments and union activity and what we can expect in 2016.  This piece includes insight from Howard Bloom, Paul Patten, Francis Alvarez, Paul DeCamp,... Read More

February 25, 2016
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Series on Labor and Employment Law Developments

February 25, 2016

Commentary and insight from Jackson Lewis attorneys Joy Napier-Joyce, Collin O’Connor Udell, Frank Alvarez, Joe Lazzarotti, Kathryn Russo, Paul DeCamp, Michael Neifach, Amy Peck, Jessica Feinstein, Cynthia Liao, David Jones, Amy Worley, Howard Bloom, Ashley Abel and Jason Gavajian are featured in Wolters Kluwer... Read More

February 1, 2016
SherylSmolkin.com

Joseph Lazzarotti Comments on EEOC v. Flambeau, Inc. Decision

February 1, 2016

Joseph Lazzarotti discusses implications of the EEOC v. Flambeau, Inc. decision in "Flambeau ruling allowing gateway HRAs not the last word," published by SherylSmolkin.com. Subscription may be required to view article     Read More

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March 3, 2016

ERISA Preempts Vermont Health Plan Reporting Law, Supreme Court Holds (Self-Funded Plans Take Note)

March 3, 2016

Many employers would agree that reporting is a core function of employee benefit plan administration. On top of the numerous reporting requirements for group health plans imposed by the Internal Revenue Service and other federal agencies, states laws, including Vermont’s, add a layer of state reporting obligations for plans,... Read More

January 28, 2016

10 for 2016 on Data Privacy

January 28, 2016

In honor of Data Privacy Day, we offer the following “Top 10 for 2016,” a list of critical areas in data privacy that businesses should know about. These are intended to help inform businesses about data privacy and security and the steps they can take to protect the information they maintain. EU/U.S. Data Transfer (Safe... Read More

December 9, 2015

No GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’

December 9, 2015

The City of San Antonio Fire Department did not violate the Genetic Information Nondiscrimination Act (GINA) when it placed a firefighter on alternate duty after he failed to comply with a mandatory wellness program that evaluated fitness for duty, the federal appeals in New Orleans has ruled. Ortiz v. City of San Antonio Fire Dep’... Read More

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Top Data Privacy and Security Issues for 2015

January 28, 2015 - 12:45 PM to 12:45 PM
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HIPAA Privacy and Security Update

August 1, 2013 - 3:45 PM to 3:45 PM
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Regulatory Developments Affecting Workplace Wellness Programs

August 1, 2013 - 3:45 PM to 3:45 PM
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See AllBlog Posts by Joseph J. Lazzarotti

Check Your Spam Filter, You Might Have Been Selected for a HIPAA Audit!
March 22, 2016

Yesterday, the federal Office for Civil Rights (OCR) announced Phase 2 of its HIPAA Audit Program (Program). In its announcement, the OCR reports that the Program is underway and provides some helpful FAQs for covered entities and business associates about the Program. Read More

Should We Train Our Employees About Good Data Privacy and Security Practices?
March 20, 2016

Yes! It is the law in more places and circumstances than you suspect. Check out our report to learn more, including suggestions for setting up a training program. Read More

Vermont’s Health Plan Reporting Law Impermissibly Impacts National Plan Administration and Falls to ERISA Preemption, Supreme Court Holds
March 2, 2016

If you were to ask most employers whether reporting is a core function of employee benefit plan administration, they would likely say yes, particularly as many are currently in the middle of completing IRS Forms 1094-C and 1095-C. Read More

By Joseph J. Lazzarotti and Ashley B. Abel