Working out of the Kansas City office, Colman McCarthy specializes in advising clients on their obligations under both domestic and international privacy and data security laws, including all 50 state data breach notification laws, the California Consumer Privacy Act (CCPA), Gramm-Leach-Bliley Act, HIPAA/HITECH, Telephone Consumer Protection Act, CAN-SPAM, Fair Credit Reporting Act, and the GDPR.
He focuses on providing practical advice that goes beyond simple compliance with the letter of the law, to understand the unique circumstances and considerations for each client, having worked with government, private industry and nonprofit entities nationwide.
He also regularly advises on the drafting and negotiation of vendor contracts, data-transfer agreements, and HIPAA limited data-set agreements.
On the back end, Colman has directed a number of responses to data incidents, from business-email compromise to employee theft of information to HIPAA risk assessments.
Whether overseeing forensic investigations, preparing and delivering notifications, or responding to regulator inquiries, Colman emphasizes the quick and efficient resolution of these time-sensitive matters to ensure compliance and minimize legal risks.
Colman is also an experienced litigator, with a broad background in general commercial matters, copyright and trademark, strict product liability and antitrust, and with significant experience in patent litigation.
He has represented major technology companies in courts around the country in the areas of wireless communications, semiconductors and software. On numerous occasions he has helped clients achieve favorable outcomes through dismissal and summary judgment, and has prevailed in a number of discovery disputes that went before the court.
He has devoted substantial time to pro bono representation as well. His pro bono work has included privacy and data security advice for a world-renowned art museum, trademark protection for a major NGO, and representation in asylum, landlord-tenant, and abuse and neglect matters.
Outside of his client practice, Colman makes frequent speaking and media appearances, helping to educate clients, legal professionals and the general public on a broad range of privacy and data security issues.
He is an active member of The Sedona Conference® Working Group 11: Data Security and Privacy Liability and the International Association of Privacy Professionals.
He also serves as Executive Director for the Johnson County First Amendment Foundation, a nonprofit organization dedicated to helping educate high school students on the importance of the First Amendment, the Constitution and civics in general.
- J.D., magna cum laude, Washington University in St. Louis School of Law
- Order of the Coif
- Washington University Jurisprudence Review, Co-Founder/Managing Editor
- Washington University Law Review, Staff Editor
- U.S. District Court, Northern District of California
- U.S. District Court, Central District of California
- The Sedona Conference, Working Group 11: Data Security and Privacy Liability
- International Association of Privacy Professionals (IAPP)
- Johnson County First Amendment Foundation, Executive Director
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