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Mark
Paulding
Attorney, Washington, D.C.
mark.paulding@hoganlovells.com
Mark Paulding advises clients on a variety of antitrust, consumer protection, privacy, data security, and health information technology matters. Mark has provided antitrust counsel to numerous clients regarding merger clearance, civil and criminal antitrust investigations, and other competition-related matters. He has also provided antitrust counsel to clients within a wide range of industries, including medical devices, software development and publishing, telecommunications, computer manufacturing, e-commerce, finance, and defense.
Mark has extensive experience working with clients on an array of privacy and data security matters, including representing clients during investigations by federal and state agencies; conducting audits of privacy and security practices for clients’ Web sites, internal data networks, proprietary data services, persistent virtual worlds, commercial email distribution systems, and downloadable software programs; and drafting company policies, such as privacy policies, terms and conditions, security policies, and user rules of conduct. Mark also has counseled clients on the privacy and data security requirements of the Federal Trade Commission (FTC) Act, Children's Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), the Massachusetts Standards for the Protection of Personal Information, Fair Credit Reporting Act (FCRA), CAN-SPAM, and Department of Defense Directives 5400.11 and 8500.1, as well as several state privacy, consumer protection, and data breach notification statutes and regulations.
Prior to returning to Hogan & Hartson, Mark was President and Founder of Scientia Interactive, an educational software developer. In addition, he was an Analyst in the technology and finance group of Coopers & Lybrand Consulting, prior to attending law school. Mark was also involved in the development of automated financial information systems for various federal government agencies. To that end, he was responsible for drafting system design specifications and user documentation, designing and implementing system test protocols, delivering new user training, and programming user interface and help systems.
REPRESENTATIVE EXPERIENCE
Conducted a comprehensive privacy and data security assessment of a major e-mail marketing firm in order to assess CAN-SPAM and FTC Act compliance and develop corrective actions for identified compliance gaps.
Counseled a medical device producer on an audit of HIPAA Security Rule and ISO 27000 compliance including development of measures, such as specific corrective actions and preparation and adoption of data security policies, to address identified compliance shortfalls.
Counseled a large regional health care provider during an audit of HIPAA Security Rule compliance conducted by the Centers for Medicare and Medicaid Services.
Counseled a leading consumer reporting organization on the development and adoption of policies, procedures, and technical safeguards in order to improve compliance with the FCRA.
Conducted a comprehensive data privacy audit of a leading massively multiplayer online computer game in order to determine compliance with COPPA and the FTC Act and counseled the client on steps needed to the improve compliance.
Hogan Lovells Publications
13 February 2009
"FTC Releases Final Principles on Behavioral Advertising." Privacy Update, Hogan & Hartson LLP
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