Daniel S Marvin

Partner | New York, United States
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Profile

Education

  • The Maurice A. Deane School of Law at Hofstra University, JD
  • Hofstra University, BA

Daniel is a partner in the New York office and focuses his practice on the representation of clients throughout the United States in the defense of class-action matters and single party matters relating to data breaches and data privacy, as well as third-party and technology-related errors and omissions claims. With 25 years of litigation experience, Daniel has represented some of the country’s largest health care systems, retailers, media organizations, municipalities and financial services companies as lead counsel in data breach and ransomware litigation, website tracking technology/wiretapping claims, wire transfer fraud litigation, indemnity matters and related disputes.

In addition, Daniel is a member of Kennedys incident response team, navigating clients through data breach and incident response, including ransomware attacks, business email compromises and employee-related events, working closely with insurers, forensics, regulators and other key stakeholders to minimize the impact and costs associated with cyber events. Daniel also advises clients on compliance with, and regulatory inquiries relating to international, federal and state privacy and data protection laws.

Daniel is a frequent speaker and author on cybersecurity and data privacy topics and trends, as well as a member of Pace University Seidenberg School of Computer Science and Information System’s Cybersecurity Advisory Board where he provides input and leadership designed to enhance the schools’ cybersecurity programs.

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. While in law school, Daniel interned in the Litigation Bureau of the New York State Office of the Attorney General, as well as for the Criminal Division of the United States Attorney’s Office for the Southern District of New York.

Related articles

Article

Litigation landslide: The rise, chaos and future of privacy litigation

03/05/2024

Article

Deepfakes, privacy and the ethics of liability

01/03/2024

Article

US Privacy & Breach Litigation Monitor

03/05/2023

View more

Qualifications and admissions

  • New Jersey
  • New York
  • Massachusetts
  • US District Court, Colorado
  • US District Court, Eastern and Southern Districts of New York
  • US Court of Appeals, Second Circuit

Work highlights

  • Successfully defended one of the country’s largest hospital systems in consolidated class actions alleging breach of PHI and PHI resulting from a ransomware attack.
  • Successfully defended large media organization in class action matter involving alleged privacy violations stemming from the misuse of pixel technology.
  • Successfully defended municipality in class action matter arising from alleged compromise of PHI and PII.
  • Successfully defended commercial lead exchange in federal class action litigation and regulatory investigation involving the alleged breach of PII of almost 1,000,000 individuals.
  • Successfully defended large health care system in a federal class-action litigation relating to an alleged breach of PHI and PII resulting from a phishing incident.
  • Successfully represented commercial lender in connection with litigation arising from unauthorized employee/third-party access to customer information.
  • Successfully represented CPA firm connection with litigation arising from 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 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 commercial lender in connection with creating data security and privacy programs and CCPA compliance.

Presentations and publications

Presentations

  • "Ransom-ready: Navigating recovery, remediation and legalities," In-House Client Training (June 2024)
  • “Privacy litigation update and trends,” In-House Client Training (February 2024)
  • Panelist, “Data Privacy Panel,” presented at the Cyber Law Society (October 2022)
  • “Cybersecurity and data privacy law: The basics,” In-House Client Training (July 2022)
  • “Kennedys US Cyber Team Capabilities + Current trends discussion,” In-House Client Training (July 2022)
  • "Different Types of Cyber Coverages," presented at Perrin Conferences' Insurance Coverage & Allocation Issues Conference (May 2022)
  • “Demystifying the GDPR's Cross-Border Data Transfer Rules: Application and Compliance,” presented in the Lawline Webcast (September 2021)
  • "Ransomware: What Businesses Need to Know", presented in the Massachusetts Lawyers Weekly Webinar (June 2021)
  • "Privacy and Artificial Intelligence,"  presented at the Information Technology Alliance (ITA) 2021 Spring Collaborative (April 2021)
  • "Emerging Issues in Cybersecurity & Privacy Law," presented at the Celesq Attorneys Ed Center (November 2020)
  • “Critical Update: Assessing Your Network for Security Validation and Compliance,” presented at Law & Cyber webinar with Redpoint Cybersecurity (October 2020)
  • "Emerging Technology Risks,” presented at the virtual Institute of Internal Auditors Long Island Chapter's Cybersecurity Event (October 2020)
  • "Emerging Issues in Cybersecurity & Privacy Law," presented at the Association of Corporate Counsel (ACC CT) Webinar (August 2020)
  • "2020: Legislative, Litigation & Compliance Trends in Privacy and Cybersecurity Law," presented at the Lawline Data Breach & Privacy CLE Event, (August 2020)
  • NYC Risk Management Roundtable Webinar, (August 2020)
  • “Cybersecurity CLE,” Nassau County Bar Association's (NCBA) In-House Client Training (October 2019)
  • "Cybersecurity: The Law and How it Impacts the Operation of a Small to Medium Size Law Firm," presented at Queens County Bar Association (September 2019)
  • “Legislative/Litigation Trends in Privacy & Cybersecurity Law,” presented at Lawline Data Breach & Privacy CLE Event (August 2019)
  • “Data Privacy and Cyber Law Overview,” presented at the Hofstra University Maurice A. Dean School of Law’s Cybersecurity CLE Event (March 2019)
  • “Cyber Security Regulatory and Compliance Trends,” presented at BSidesLI Information Security Conference (January 2019)

Publications

  • Author, “Litigation landslide: The rise, chaos and future of privacy litigation,” published in the NY Law Journal’s Cybersecurity Report (May 2024)
  • Co-author, “Artificial intelligence and the law: Deepfakes, privacy and the ethics of liability,” published for the New York Law Journal (March 2024)
  • Co-author, “5 ways to reduce legal risk with privacy policies,” published for Risk Management (December 2023)
  • Author, “Defending VPPA claims: A different perspective,” published for Kennedys (February 2023)
  • Co-author, "Getting Started With the California Consumer Privacy Act - PART II: Drafting a Privacy Policy" (July 2020)
  • Co-author, "Getting Started With The California Consumer Privacy Act" (June 2020)
  • Author "Capital Oneand the Attorney Work Product: How to Protect Breach Reports" (June 2020)
  • Author, "COVID-19 Probably Broke Your Organization’s Telework Cyber Policy. Here’s How to Fix it" (May 2020)
  • Author, "When Data Breaches Implicate Patient Care: An Evolving Legal Landscape" (January 2020)
  • Author, "If You Think that the CCPA’s HIPAA Carve-Out Has Your Organization Fully Covered, Think Again" (October 2019)
  • Author, "Cybersecurity Regulation in the Alternative Finance Industry," Alternative Finance Bar Association (June 2019)

Services

Sectors