head_MccrearyMarkG

Mark  G. McCreary
Partner
mmccreary@foxrothschild.com

Philadelphia, PA
215.299.2010


Mark focuses a segment of his practice on compliance with privacy-related laws, rules and regulations (domestic and international), as well as responses in the event of a data breach. Because of the incredibly wide range of applicable laws, rules and regulations, Mark understands that advising on privacy-related issues is not an area of law that should be practiced “on the side,” and diligently stays up-to-date on this ever-changing field. Mark prepares privacy policies (both intra-company and for customers), handles privacy issues under the Gramm-Leach-Bliley Act and related requirements for the privacy of consumer financial information (including the Fair Credit Reporting Act (FCRA)), prepares data security plans and assists with data breach responses and notifications.

Mark’s Privacy Desk Reference can be downloaded at http://tinyurl.com/mccrearydeskref, or he will be happy to send you a copy for your Chief Privacy Officer upon request.

Mark also practices intellectual property and the law of the Internet. He prosecutes various intellectual property matters, negotiates transactions, and provides counsel on a wide range of technology-related matters including:

  • copyright application, analysis, protection, and enforcement
  • trademark availability opinions, application preparation, and licensing
  • patent licensing
  • software licensing and digital data security protection
  • Internet hosting, design agreements, and data-sharing agreements
  • preparation and launch of Website e-commerce stores
  • online transactions
  • product and brand integration with operating systems and related advertising agreements
  • administrative and federal domain name ownership challenge procedures involving the Internet Corporation for Assigned Names and Numbers (ICANN) domain name dispute resolution procedure, the Federal Anti-Cybersquatting Act, and anti-cybersquatting claims in general

In addition, Mark practices general corporate and mergers and acquisitions law, which includes:

  • drafting confidentiality policies, employment agreements and non-competition agreements
  • analyzing the exposure of prospects in potential acquisitions
  • providing advice on venture capital offerings and securities filings

Mark also works on issues concerning:

  • bankruptcy law and financial transactions, representing secured and unsecured creditors and focusing on debtors’ and creditors’ rights and trustees and creditors’ committees
  • the Health Insurance Portability and Accountability Act (HIPAA) and related privacy protection of patient medical records

Among his leadership roles, Mark serves as the firm's Hiring Partner.

Beyond Fox Rothschild

Mark writes for numerous legal and technology publications and is a frequent media source on these issues.

Client Resources

Privacy Compliance & Data Security Blog
Mark is an author of the firm's Privacy Compliance & Data Security Blog (http://dataprivacy.foxrothschild.com/). This blog helps readers navigate through the policies and best practices of data breach response and covers topics such as compliance with data protection laws and regulatory enforcement and litigation as well.

Honors and Awards

• Included in the list of "Pennsylvania Rising Stars" by Philadelphia Magazine and Law & Politics Magazine (2006, 2007, 2008 and 2010)


News

Quoted: "Wash. Courts Data Breach Exposes States’ Vulnerability ," Law360 (May 10, 2013)
Featured : "Petraeus Probe Highlights Holes in Outdated Wiretap Laws ," Law360 (November 15, 2012)
Featured: "Bar Groups Try to Keep Up With the Cloud," Thomson Reuters News & Insight (May 11, 2012)
Featured: "On Data Privacy Day, Expert Asks, 'What Are You Doing To Protect Your Info?'," CBS 3 (January 28, 2012)
Quoted: "Mobile Apps: Productivity Godsend, Compliance Headache," Compliance Week (November 1, 2011)
Quoted: "Hellish Hack," Inside Counsel (July 2011)
Quoted: "Gmail's New Domain Authentication Latest Pushback Against Phishing," Marketing Vox (July 1, 2011)
Quoted: "Data Breaches at ESPs Spread Security Concerns Throughout Marketing Sector," Digital Marketing News (June 1, 2011)
Featured: "Best in Law Blogs: Sony Hit By Data Breach Affecting 77 Million Gamers ," The LexBlog Network (April 27, 2011)
Featured: "Best in Law Blogs: Doing the Math: Average Data Breach Cost Now Up to $214 Per Record," LexBlog (March 9, 2011)
Mentioned: "Best in Law Blogs: Supreme Court Tells AT&T It Has No Right to Privacy," LexBlog (March 2, 2011)
Featured: "Best in Law Blogs: Gawker Media Hack Highlights Our Terrible Password Practices," LexBlog (December 15, 2010)
Mentioned: "Best in Law Blogs: Facebook Again In the Spotlight for Privacy Blunders," LexBlog (October 21, 2010)
Mentioned: "Best in Law Blogs: FTC Bans Twitter From Misleading Us for 20 Years," LexBlog (June 25, 2010)
Mentioned: "Best in Law Blogs: FTC Concerned About Retention of Scans on Copy Machines," LexBlog (May 19, 2010)
Mentioned: "Best in Law Blogs: New Effort at Federal Privacy Law Big On Promises," LexBlog (May 12, 2010)
Author: "Preparing Your Business’ Response to a Data Breach," Corp! Magazine (May 6, 2010)
Mentioned: "Best in Law Blogs: California Data Breach Notification Revision Gets New Life," LexBlog (April 19, 2010)
Mentioned: "Best in Law Blogs: Aetna Wins Dismissal on 'Increased Risk of Identity Theft' Damages Sought for Class Action," LexBlog (March 11, 2010)
Quoted: "Managing: When Employees Vent," Security Management (February 2010)
Interviewed: "Pretending To Be You!," CBS-3 News (February 22, 2010)
Mentioned: "Best in Law Blogs: LexBlog Network: February 16, 2010 ," LexBlog (February 16, 2010)
Quoted: "Agencies on Track To Meet Open Gov. Deadline," Federal Computer Week (February 5, 2010)
Quoted: "Congress Works To Revamp Privacy Laws," Compliance Week (January 5, 2010)
Mentioned: "Buzz: AML First Birthday Bash," AroundMainLine.com (October 7, 2009)
Quoted: "Consent Key When Accessing Employees' Protected Web Sites," Inside Counsel (October 2009)
Quoted: "Government Rethinks Ban on Tracking Web Site Visitors," FederalComputerWeek.com (August 7, 2009)
Quoted: "You’ve Made Your Mark," palmslice.com (May 4, 2009)
Quoted: "GSA signs agreements with Web 2.0 providers," Federal Computer Week (March 25, 2009)
Quoted: "Obama tries YouTube alternative," Federal Computer Week (March 6, 2009)
Quoted: "Facebook users upset by change in terms of use," The Baltimore Sun (February 17, 2009)
Quoted: "GSA, YouTube still at the negotiation table," Federal Computer Week (January 19, 2009)
Quoted: "Unraveling the Web of New Legislation," Information Today (January 2009)
Quoted: "Readers See Bias in Us Weekly's Take on Sarah Palin," The New York Times (September 08, 2008)
Quoted: "Does Apple’s iPhone App Killing Open It to Liability?," BNET (August 12, 2008)
Quoted: "Web Host Bows to Court, Shutters Whistleblower Site," CIO Today (February 19, 2008)
Quoted: "Free speech debate ignited as judge gags whistleblower site," The Tech Herald (February 20, 2008)
Quoted: "Judge Relents, Restores Wikileaks as Master of Its Domain," E-Commerce Times (February 29, 2008)
Quoted: "Wikileaks Returns as Judge Reverses Himself," Newsfactor.com (March 03, 2008)
Quoted: "PO'd iPhone Owner Plays Discrimination Card," TechNewsWorld (October 02, 2007)
Quoted: "Virtual people, virtual sex. But the lawsuit is real.," Court TV (July 10, 2007)
Quoted: "When Public Records Are Too Public," The Wall Street Journal Online (June 25, 2007)
Quoted: "YouTube Opens Untamed Copyright Frontier," Christian Science Monitor (December 18, 2006)
Quoted: "Record Labels Bought YouTube Stakes Before Google Deal," E-Commerce Times (October 19, 2006)
"Privacy Takes Hit with Every Nosy Stroke," USA Today and The Christian Science Monitor (November 12, 2004)
"The Real Estate Privacy Scare," The Ocala Star-Banner (Ocala, Florida) (August 28, 2004)
"Dermatology Practice Websites 301: What’s Next for the ‘Net?," Dermatology Business Management (July 2004)
"Not All Companies Secure Personal Data," The Star-Telegram (Dallas, Texas) (June 25, 2004)
"Wireless Technology Is Freeing Up the Workforce – and Raising Some Security Concerns," Princeton Business Journal (May 18, 2004)
"Information Protection 101," IQ Magazine by Cisco Systems, Inc. (First Quarter 2004)
"Waksal Won’t Testify About Martha," The Journal News (West Chester County, New York) (October 16, 2002)
"Caught on the Web," Court TV Online (May 30, 2002)
"The Information Brokers on the Web Can Reveal Your Personal Information," Kiplinger’s Magazine (April 24, 2002)
"Squeezing Millions From a Phrase," ABCNews.com (April 11, 2002)
"Deregulated Registration Leads to General Confusion," The Edmonton Journal (Edmonton, Canada) (October 11, 2001)


Publications

By :By : "SC Email-Hacking Decision Means SCA Confusion ,"
Law360 (October 16, 2012)
Author: "Breach Notification: Time for a Wake Up Call,"
CIO Insight (September 2, 2011)
Co-author: "Why the Time for Security and Privacy Insurance Has Arrived,"
Staying Well Within the Law (First Quarter 2011)
Co-author: "Why the Time for Security & Privacy Insurance Has Arrived,"
Bloomberg Law Reports (March 7, 2011)
 "How To Be a Privacy Hero (And Save Your Business or Job in the Process),"
(April 13, 2009)
Co-author: "Historic Spike in LIBOR Signals Opportunity to Save on Some Commercial Loan Rates,"
Corporate Department Alert (October 2008)
 "New California Privacy Law Catches Companies Unprepared,"
Intellectual Property: A Supplement to The Legal Intelligencer and Pennsylvania Law Weekly, The Legal Intelligencer (November 2004)
 "New California Privacy Law May Catch Companies Unprepared,"
Alert (July 2004)
 "Pennsylvania Uniform Trade Secrets Act,"
Alert (February 2004)
 "State of the Fight Against Spam: Does California Have the Answer?,"
The Legal Intelligencer (November 2003)
 "The Duty to Treat Online and Offline Data the Same,"
Business Briefs by Fox Rothschild O’Brien & Frankel, LLP (Spring 2002)
 "Ensuring that A Company’s Practices Comport with a New FTC Position on Privacy Help,"
Start-Up & Emerging Companies Strategist (February 2002)
 "An Interactive System Use Policy to Help Avoid Digital Security Risks,"
Law.com (October 25, 2001)
 "Determining Whether a Company Must Comply Help with the Gramm-Leach-Bliley Act,"
Start-Up & Emerging Companies Strategist (October 2001)
 "An Interactive System Use Policy to Help Avoid Digital Security Risks,"
Start-Up & Emerging Companies Strategist (September 2001)
 "Protect Trademarks Under New 'Dot Biz' Domain Names: Submit Claims Under New Procedure by August 6, 2001,"
Alert (July 2001)
 "Privacy Requirements: Did You Act By July 1, 2001?,"
Business Briefs by Fox Rothschild O’Brien & Frankel, LLP (Summer 2001)
 "Pennsylvania’s Decennial Filing Requirements: Risk of Losing Names, Insignias or Marks,"
Business Briefs by Fox Rothschild O’Brien & Frankel, LLP (Summer 2001)
 "Pennsylvania’s Decennial Filing Requirements: Risk of Losing Names, Insignias or Marks,"
Alert (April 2001)
 "Trademarks in the Insurance Industry,"
The Pulse by the Pennsylvania Association of Mutual Insurance Companies (March 2001)
 "Pennsylvania’s Decennial Filing Requirements: Risk of Losing Names, Insignias or Marks,"
Non-Profit Council of the Greater Philadelphia Chamber of Commerce (Spring 2000)


Speaking Engagements/Events

Find it Free and Fast on the Net: Strategies for Legal Research on the Web
(Speaker)
Presented by: National Business Institute
Philadelphia, PA
December 16, 2011
Privacy, Data Security and Data Breaches
(Speaker)
Presented by: College and University Professional Association for Human Resources
King of Prussia, PA
June 28, 2011
Common Legal Pitfalls for Small Business: Don’t Put Your Company At Risk
(Presenter)
Presented by: Eastern Montgomery County Chamber of Commerce
Huntingdon Valley, PA
March 3, 2011
Preparing for and Responding to a Data Breach: Measuring the Scope, Identifying Notification Requirements and Determining Appropriate Responses
(Presenter)
Presented by: Data Privacy Protection for Life and Health Sciences: Complying With Divergent Privacy Laws in the U.S., EU and Abroad
Philadelphia, PA
October 19, 2010
Congratulations You Have Been Sued
(Speaker)
Presented by: CIO Forum & Executive IT Summit
King of Prussia, PA
May 25-26, 2010
Data Retention and Security
(Speaker)
Presented by: American Society of Appraisers
Plymouth Meeting, PA
March 18, 2010
Data Privacy Compliance and Breach Response
(Speaker)
Presented by: National Restaurant Association 2009 Show
May 19, 2009
Opportunities for Entrepreneurship for the non-U.S. Citizen: A Legal Perspective
(Workshop Leader)
Presented by: Laurence A. Baiada Center for Entrepreneurship and the Graduate Entrepreneurship Club
Philadelphia, PA
November 18, 2008
Opportunities for Entrepreneurship for the non-U.S. Citizen: A Legal Perspective
(Presenter)
Presented by: Baiada Center-Graduate Entrepreneurship Club
Philadelphia, PA
November 16, 2008
Find it Free and Fast on the Net
Presented by: National Business Institute
December 14, 2007