Daniel S. Marvin Partner

Daniel is a partner in the New York office of Morrison Mahoney and co-leader of the firm’s Cybersecurity, Privacy and Data Protection team where he provides a range of litigation and advisory services. Daniel’s advisory services include those relating to the development, modification and implementation of written information security plans, employee data security policies, third-party vendor contracts and corporate governance policies, as well as the counseling of clients in all aspects of data breach prevention, detection and mitigation. Daniel also advises clients with respect compliance with, and regulatory inquiries relating to, international, federal and state privacy and data protection laws including the CCPA, GDPR, GLBA, HIPAA and the N.Y.S. Department of Financial Services cybersecurity regulation.

With over 20 years of litigation experience, Daniel represents clients in both federal and state courts, including the defense of third-party and class-action matters arising from data breaches. He is a frequent speaker and author on cybersecurity and data privacy topics and trends, as well as a member of both the Rutgers University and Pace University Seidenberg School of Computer Science and Information System’s Cybersecurity Advisory Boards where he provides input and leadership designed to enhance the schools’ cybersecurity programs.

Daniel is also a member of Morrison Mahoney’s Insurance Fraud & Forensic Investigations Group, as well as the firm’s Financial Institutions Litigation Group. Prior to joining private practice, Daniel served as an Assistant District Attorney in Bronx County, New York where he gained significant courtroom experience in the Office’s Criminal Court, Grand Jury and Trial Division Bureaus.

Recent Representative Experience

• Represented large health care system as lead counsel in a federal class-action litigation relating to an alleged breach of patient health care and personal information resulting from a phishing incident.
• Represented a commercial lender in connection with data breach response (including consumer notification and regulatory response) and related litigation in connection with unauthorized employee/third-party access to customer information.
• Represented CPA firm in connection with data breach response (including consumer notification and regulatory response) and related litigation in connection with a foreign intrusion into system.
• Represented large financial institution in connection with drafting data protection and privacy policies as well as review and negotiation of vendor contracts relating to data privacy and data protection.
• Represented an insurance brokerage in connection with drafting data protection and privacy policies, NYS DFS cybersecurity compliance, as well as negotiating EU complaint General Data Protection Regulation agreements.
• Represented a commercial lender in connection with creating data security and privacy programs and CCPA compliance.

Speaking Engagements

• "Emerging Issues in Cybersecurity & Privacy Law," Celesq AttorneysEd Center, November 16, 2020
• "Critical Update: Assessing Your Network for Security Validation and Compliance," Redpoint Cyber, October 28, 2020
• "Emerging Technology Risks" Virtual Conference, Institute of Internal Auditors (IIA) Long Island Chapter, October 16, 2020
• "Emerging Issues in Cybersecurity & Privacy Law," Association of Corporate Counsel (ACC CT) Webinar, August 26, 2020
• "2020: Legislative, Litigation & Compliance Trends in Privacy and Cybersecurity Law," Lawline Data Breach & Privacy CLE Event, August 25, 2020
• NYC Risk Management Roundtable Webinar, August 20, 2020
• Cybersecurity CLE, Nassau County Bar Association's (NCBA) In-House Counsel Committee Meeting, October 10, 2019
• "Cybersecurity: The Law and How it Impacts the Operation of a Small to Medium Size Law Firm," Queens County Bar Association, September 26, 2019
• “Legislative/Litigation Trends in Privacy & Cybersecurity Law,” Lawline Data Breach & Privacy CLE Event, August 26, 2019
• “Data Privacy and Cyber Law Overview,” Hofstra University Maurice A. Dean School of Law’s Cybersecurity CLE Event, March 27, 2019
• “Cyber Security Regulatory and Compliance Trends,” BSidesLI Information Security Conference, January 26, 2019
• "Data Security, Privacy, & the Law," Hofstra University Maurice A. Dean School of Law's 2018 Legal Tech Boot Camp, October 6, 2018
• “Cyber Security: Updates and Applications,” Alternative Finance Bar Association’s Annual Meeting, June 8, 2018
• “Emerging Cyber Fraud Issues,” Insurance Fraud Management Conference, March 13, 2018

• "Cyber Security Strategies for 2018 and Beyond," Oxford Solutions Cybersecurity Panel Discussion, January 30, 2018

• "Cybersecurity, Privacy, and Data Protection," Alternative Finance Bar Association, June 5, 2017
• "Cyber Security: Common Sense Best Practices," Long Island Advancement of Small Business (LIASB), May 24, 2017
• "The Increasing Threat of Cyber Related Insurance Fraud Schemes," Insurance Fraud Management Conference, March 14, 2017
• “Information & Cyber Security for Small Business,” Long Island Advancement of Small Business (LIASB), February 15, 2017

Publications

• "Getting Started With the California Consumer Privacy Act - PART II: Drafting a Privacy Policy," July 2020
• "Getting Started With The California Consumer Privacy Act," June 2020
• "Capital One and the Attorney Work Product: How to Protect Breach Reports," June 2020
• "COVID-19 Probably Broke Your Organization’s Telework Cyber Policy. Here’s How to Fix it," May 2020

• "When Data Breaches Implicate Patient Care: An Evolving Legal Landscape," January 2020

• "If You Think that the CCPA’s HIPAA Carve-Out Has Your Organization Fully Covered, Think Again," October 2019

• "Cybersecurity Regulation in the Alternative Finance Industry,"  Alternative Finance Bar Association, June 2019

• Blockchain Can Block Insurance Fraud, Journal of Insurance Fraud in America, Coalition Against Insurance Fraud, August 2018
• "Can Machines Think Like Lawyers," DRI Data and Security Dispatch, Vol 4, Issue 1, June 2018
• Four Ways Blockchain Will Transform The Insurance Industry,  Mondaq, May 2018
• Record Number of Data Breaches Reported in New York in 2016; Trend Continuing Nationwide in 2017
• DFS Regulations Allow for Third-Party CISO
• The Key to Beating Ransomware: Plan, Prevent and Have a Full Back-up