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Jason C. Gavejian

Principal
Morristown

P 973-538-6890
F 973-540-9015
Jason.Gavejian@jacksonlewis.com

Biography

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Mr. Gavejian focuses on the matrix of laws governing privacy, security, and management of data. Mr. Gavejian is Co-Editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Mr. Gavejian's work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Mr. Gavejian helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Mr. Gavejian assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Mr. Gavejian represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. Mr. Gavejian negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. Mr. Gavejian regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Mr. Gavejian's practice also focuses on advising/counseling employers regarding daily workplace issues.

Mr. Gavejian’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Mr. Gavejian regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Mr. Gavejian is the Co-Chair of Jackson Lewis’ Hispanic Attorney Resource Group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm's attorneys to assist in their training and development. Mr. Gavejian also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Mr. Gavejian served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

Honors and Recognitions

  • “HNBA Top Lawyers Under 40” Award

Professional Associations and Activities

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

Pro Bono and Community Involvement

  • Pro Bono Partnership, Program Co-coordinator, HR Bootcamp for NJ Nonprofits (2011, 2013, 2015, 2017)
  • Pro Bono Partnership, Volunteer

Published Works

  • “2015 review - 2016 forecast: High court rulings and beyond," Wolters Kluwer (Spring 2016) [Author]
  • “FDA Issues Draft Cybersecurity Guidance for Device Manufacturers,” GxP Lifeline (May 2016) [Author]
  • “Social Media Use by Applicants and Employees: The Conundrum,” Copyright & New Media Law, Spring 2016 [Author]

Speeches and Presentations

  • “Why it’s Critical to Proactively Safeguard Your Firm or Organization’s Data,” New York State Bar Association Webinar (September 2018) (presenter)
  • "How to Comply with GDPR Requirements: What Every U.S. Company Needs to Know,” EVERFI Webinar (May 2018)
  • “Data Privacy and the new frontier of potential causes of action and class actions,” JSAHR (April 2018) (presenter)
  • “How to Conduct a Cyber Investigation,” Hispanic National Bar Association (September 2017) (panelist)“HR Boot Camp for New Jersey Nonprofits,”  Pro Bono Partnership (September 18, 2017 and October 31, 2017) (panelist and presenter)
  • "Privacy & Data Security in 2017," ACC – NJ (May 2017) (presenter/panelist)
  • "Data Privacy and Protection: What Litigators Need to Know when Gathering, Handling and Producing Sensitive Data," ABA (April 2017) (panelist)
  • "Legal Update - Privacy and Data Security," JSAHR (April 2017) (presenter)
  • "Make America What Again?," ACC-NJ (February 2017) (presenter)
  • "Cyber Security & Privacy Law Conference," New Jersey State Bar Association – NJICLE (September 2016) (presenter/panelist)
  • "Don’t Say That! Defending High Profile Cases and Managing the Media," Hispanic National Bar Association (September 2016) (moderator/panelist)
  • "Data Privacy/Security & Social Media in the Workplace," New Jersey Association of Corporate Counsel (NJACC) (May 2016) (presenter)
  • "Employee Use of Technology – The Good, The Bad, and The Ugly," Hispanic National Bar Association (March 2016) (moderator/panelist)
  • “Privacy and Data Security Today,” HoRenso HR Steering Committee (June 17, 2015) (presenter)
  • “Handling A Data Breach," PeDS Group Nationwide Webinar Series (March 26, 2015) (panelist and presenter)
  • “Top 15 Data Privacy and Security Issues for 2015,”  New Jersey Association of Corporate Counsel (March 24, 2015) (panelist and presenter)
  • “HR Boot Camp for New Jersey Nonprofits,”  Pro Bono Partnership (October 21, 2015, September 16, 2015, May 14, 2013, April 16, 2013) (panelist and presenter)
  • “Employees Left to Their Own Devices: New Devices, New Technologies, and What Lies Ahead,” Connecticut Business and Industry Association (August 4, 2014) (presenter)
  • “Data Breach,” Jersey Shore Association of Human Resources  (May 8, 2014) (presenter)
  • “Bring Your Own Device to Work (BYOD) Risky Business???,” Commerce and Industry Association of New Jersey (March 18, 2014) (panelist and presenter)
  • “Data Privacy Training,” Society of Human Resource Management (February 19, 2014) (presenter)
  • “Data Breach Response," Association of Corporate Counsel – Legal Quick Hit Webinar (February 4, 2014) (presenter)

See AllJason C. Gavejian in the News

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August 14, 2018
The Washington Post

Jason Gavejian Discusses Implications of Recording Conversations in the Workplace

August 14, 2018

Jason Gavejian discusses implications of secretly recording conversations in the workplace in  "Can you record your boss at work without him or her knowing?" published by The Washington Post. Subscription may be required to view article Read More

July 9, 2018
EVERFI

Jason Gavejian, Joseph Lazzarotti and Mary Costigan Discuss Successful Compliance With GDPR

July 9, 2018

Jason Gavejian, Joseph Lazzarotti and Mary Costigan discuss steps for businesses to take in the age of GDPR in "How the GDPR gives new meaning to established privacy and security principles," published by EVERFI. Subscription may be required to view article Read More

April 30, 2018
Jackson Lewis

Jackson Lewis Publishes Q1 Diversity and Inclusion Committee Newsletter 2018

April 30, 2018

Please enjoy our Diversity and Inclusion Committee Newsletter for the first quarter of 2018. A best practice of our firm, it includes personal, diversity-focused messages from our Diversity Committee Chair and Diversity Committee Manager, and highlights diverse attorney promotions, diversity-related activities, sponsorships and events... Read More

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July 11, 2018

Fitness Industry Legal Update - Summer 2018

July 11, 2018

Social media can be a great way for companies in the fitness industry to build and engage their communities. The hazards of social media as to employees, companies, and privacy, however, should not be ignored. This is especially true if social media is key to a business’s marketing or employee-recruitment goals. In this issue, we cover... Read More

April 9, 2018

State Data Breach Notification Laws: Overview of the Patchwork

April 9, 2018

The nation’s patchwork of state data breach notification laws is now complete. All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring private organizations or government entities to notify individuals of a security breach involving their personally... Read More

March 26, 2018

Federal Communications Commission Order on Telephone Calls Went Too Far, D.C. Circuit Court Rules

March 26, 2018

The U.S. Court of Appeals for the District of Columbia has issued a highly anticipated ruling reviewing the Federal Communications Commission’s July 2015 Declaratory Ruling and Order interpreting the Telephone Consumer Protection Act (TCPA). ACA Int’l, et al. v. FCC, et al., No. 15-1211 (D.C. Cir. Mar. 16, 2018). The TCPA generally... Read More

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See AllBlog Posts by Jason C. Gavejian

California Consumer Privacy Act Amendment Signed Into Law
September 25, 2018

On September 23, 2018, Governor Jerry Brown signed into law SB-1121 amending certain provisions of the California Consumer Privacy Act of 2018 (CCPA) which was enacted in June of this year. Read More

California May Lower the Standing Threshold in Data Breach Litigation
July 11, 2018

A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Read More

California May Lower the Standing Threshold in Data Breach Litigation
July 11, 2018

A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Read More