Overview
Jim is Co-President of McDonald Hopkins. He also serves as Co-Chair of the Data Privacy and Cybersecurity Practice Group, and serves on the firm's Board of Directors and Executive Committee. Jim previously served as Chair of the firm’s Litigation Department. He advises clients regarding data security measures and responding to security breaches involving sensitive personal information and protected health information. He also works with clients in a myriad of industries to assess and implement appropriate data security safeguards. If a data breach occurs, Jim acts as a breach coach, ensuring compliance and minimizing exposure. Jim also works with federal, state and local authorities, as well as third party vendors. Moreover, Jim litigates matters involving data security and data privacy, including defending single plaintiff and class action litigation. Jim is a frequent speaker and writer in data privacy law and regularly conducts Incident Response Workshops for clients and their data breach risk management teams. If you suspect that your business has suffered a data breach, call our Hotline: 855-MH-DATA1 (855-643-2821).
Jim has extensive knowledge advising clients concerning auditing and litigating non-compete, non-disclosure and trade secret matters in nearly every industry. In addition, he has considerable nationwide experience prosecuting and defending employers and employees in non-compete, non-disclosure and trade secret litigation, as well as injunction hearing expertise. Jim has litigated these types of matters in 37 states and counseled in all 50 states. Jim often advises clients regarding restrictive covenant, trade secret and employment issues related to physicians, sales representatives, customer account representatives, key administrators, and technical and clinical personnel. His practice also focuses on business and commercial litigation with trial, litigation and consultation expertise in sales representative and business disputes.
Jim has successfully tried cases in state and federal courts, and has successfully arbitrated cases before the American Arbitration Association. In addition, he has represented clients in both state and federal appellate courts.
A frequent speaker and commentator on data breach issues, Jim was interviewed on WWJ and FOX2 (WJBK) in Detroit. Jim and his team were named a finalist for Advisen’s 2017 Cyber Risk Awards for Cyber Law Firm of the Year and Advisen’s 2015 Cyber Risk Awards in the Cyber Risk Pre-Breach Team of the Year category.
Jim earned a J.D., cum laude, from the University of Notre Dame Law School in 1992. He received a B.A., with honors, from Michigan State University's James Madison College in 1989.
Honors & Recognition
Selected for inclusion in Michigan Leading Lawyers for Data Privacy and Trade Secrets/Unfair Competition Law (2018)
Selected for inclusion in Michigan Super Lawyers (2010-2024)
Named one of the Best Lawyers in America (2022-2024)
Crain's Detroit Business, Notable Nonprofit Board Leader (2024)
Credentials
Education
The University of Notre Dame Law School
Michigan State University, James Madison College
Admissions – Court
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Western District of Michigan
- U.S. Court of Appeals for the 6th Circuit
Admissions – State
- Michigan
Professional & Civic
Professional Activities
State Bar of Michigan
Detroit Metropolitan Bar Association
Oakland County Bar Association
Federal Bar Association
International Lawyers Network Cybersecurity & Data Privacy Specialty Group (Co-Chair)
InfraGard (Member)
Community Involvement
Susan G. Komen Michigan, Board of Directors
Leadership Oakland Board of Directors (President: 2010-2011)
News & Insights
External News & Publications
"College Now" Interview with WKYC, March 21, 2023
"Nearly One Million Patient Records of Hospitals, Health Clinics, Medical Laboratories, and other Providers Stolen in Ransomware Attack on Medical Records Company," quoted in Dark Daily, September 19, 2022
"Preventing and Responding to Payroll Fraud Incidents," PEO Insider, Volume 23/No. 1, February 2019
"Click at your own peril," quoted in Crain's Cleveland Business, July, 29, 2017
"HIPAA: The Time for Compliance Is Now," Northern Ohio Physician, Volume 101/No. 4, July/August 2016
"Head in the cloud? Many companies remain uninsured against cyberattacks," quoted in Crain's Detroit Business, July 26, 2015
"The Art of (Cyber) War: Cybersecurity Tactics for All Financial Institutions," Bloomberg BNA's Banking Report, May 19, 2015
"You may be in the crosshairs of a new Florida statute, even if you are located outside of Florida," PEO Insider, September 2014
"How to brace your business against cyber attacks and avoid being the next Target," quoted in The Plain Dealer, July 17, 2014
Protecting IP: Q&A with James Giszczak of McDonald Hopkins," Net Diligence Blog, October 2013
"Ten Steps: Best Practices in Hiring Laboratory Professionals," White Paper with Richard Cooper and Slone Partners, October 2013
“Data Privacy: Protecting PEO Assets, Data, and Client Information,” PEO Insider, August 2013
"Data Breach Cases Turning Plaintiffs' Way Attorneys Say," Law360, June 6, 2013
"Risky Business: Sharing Health Data while Protecting Privacy," Trafford Publishing, 2013
"Anatomy of a Data Breach: A 3 Part Series - Part 3: Immediate Action Items Upon a Data Breach," Risky Business - The Privacy Analytics Newsletter, August 2012
"How to minimize the risk of, or respond to, a data breach," Smart Business Magazine, August 2012
"Anatomy of a Data Breach: A 3 Part Series - Part 2: Proactive Measures and Requirements to Minimize the Risk of a Data Breach," Risky Business - The Privacy Analytics Newsletter, June 2012
"Data Breach at Your Laboratory? Immediate Action Items! How to Deal with a PHI Violation," G2 Intelligence Compliance Report - Perspectives, July-August 2012
"Data Breach? Immediate Action Items!" PEO Insider, April 2012
"Anatomy of a Data Breach: A 3 Part Series - Part 1: Data Privacy Regulations, Penalties and Statistics," Risky Business - The Privacy Analytics Newsletter, March 2012
"3 New state data breach notification statutes and expiration of a grandfather clause in 2012," RBMA Monthly Legal Update Digest, March 2012
"Attorneys General and FTC continue to increase legal standards for data privacy compliance and penalties for noncompliance" RMBA Monthly Legal Update Digest November 2011
"Are you legally vulnerable?" Smart Business Detroit, October 2011
"How sales representative agreements can provide both a shield and a sword," Smart Business Detroit, September 2011
"Don't Risk Customers' Data - Protect your business when a vendor handles clients' personal information" Scotsman Guide Commercial Edition, January, 2011
"Sales Rep Agreements, are you protected?" HBMA Billing, December 2010
"Year-end exodus--How to protect your assets and minimize loss due to misappropriation or a data breach," Smart Business Detroit-Insights, Legal Affairs, December 2010
Events
Speaking Engagements
"Tales from the Crypt: Cybersecurity for Employee Benefit Plans," Worldwide Employee Benefits Network Webinar, October 14, 2021
"Security and Compliance Challenges, Strategies, and Concepts for Protecting Your Business," Data Partner Inc., March 21, 2019
"Payroll Fraud and Its Impact on PEOs," NAPEO's 2019 Webinar Series, February 5, 2019
"Cybersecurity - What To Do in the Event of a Data Breach," AEGIS 2018 Claims Seminar, October 17, 2018
"Risk Management: The Intersection of Professional Liability and Cyber Insurance," New York City Bar Association & Lockton, June 27, 2017
"Cybersecurity and Prevention of Data Breaches: In-House Counsel’s Role in Assessment, Preparation, and Response," NACUA 2017 Annual Conference, June 26, 2017
"Data Privacy and Security: Fundamentals of Protecting Your Practice," APF 2016 Pathology Coding and Practice Management Seminar, April 12, 2016
"A Big Year for Regulation and Cyber Litigation," 2016 Advisen Cyber Risk Insights Conference, March 2, 2016
"APA Cyber Security Briefing," Detroit, Michigan, February 3, 2016
"Public Entity Cybersecurity Risks," IAPD/IPRA Soaring to New Heights conference, January 29, 2016
Cybersecurity: Protecting Your Information, Assets, & Officers, Clear Law Institute webinar, October 28, 2015
Strategic Planning to Deal with the Trojan Car, Society of Automotive Analysts, October 28, 2015
Tales from the Crypt XIV: The Anatomy of a Data Breach, Worldwide Employee Benefits Network, October 22, 2015
Data Privacy Incidents: How to Stay Defensible Before, During and After, IAPP KnowledgeNet, October 15, 2015
Preparing for a Data Breach Crisis: How to Run A Table Top Exercise, URMIA's 46th Annual Conference, October 13, 2015
Data Privacy: What ESOP Companies Need to Know, Great Lakes Regional ESOP Conference, October 8, 2015
A Pound of Cure: Strategies for Preventing and Responding to Data Breaches, Part 2, webinar with Epiq Systems, March 31, 2015
An Ounce of Prevention: Preparing for a New Era of Data Breaches, Part 1, webinar with Epiq Systems, March 24, 2015
Live Cyber Incident Simulation Exercise, Advisen 2015 Cyber Risk Insights Conference, March 3, 2015
President Obama’s New Personal Data Notification & Protection Act, webinar with ID Experts, February 12, 2015
Data Breaches: From Prevention to Reaction, The Institute of Internal Auditors (IIA) and Information Systems Audit and Control Association (ISACA), December 8, 2014
Top 10 Data Privacy Threats Confronting Colleges and Universities, webinar with Huron Consulting Group, November 19, 2014
Yes, it CAN happen to you! Are you prepared?, webinar with Enterprise Risk Management, November 14, 2014
Establishing a Perimeter – Data Privacy & Security in Practice, The American Pathology Foundation, October 30, 2014
Vendor Contracts, NetDiligence Cyber Risk & Privacy Liability Forum, October 2014
Data Breach: It’s Not “If” But “When”… Are you Prepared?, NRRA 2014 National Conference, September 2014
Is My Data Safe? Why HR Professionals Should Care, American Society of Employers Employment Law Conference, September 2014
Data Privacy: Legal Risks, Mitigation, Response and the Impact of the New Florida Information Protection Act, Hospitality Financial and Technology Professionals South Florida Chapter, August 21, 2014
Data Breach/Information Security Readiness, webinar for municipalities and higher education, August 2014
Intellectual Property: Threats, Valuation & Protection, NetDiligence Cyber Risk & Privacy Liability Forum, June 2014
Data Breach and Coverage Litigation, NetDiligence Cyber Risk & Privacy Liability Forum, June 2014
Data Security Breaches and Why HR Professionals Should Care, American Society of Employers' Selected Insights Series, May 9, 2014
Federal Regulatory, Legislative, and Enforcement Landscape: Changes on the Horizon and Integrating New and Anticipated Initiatives into your Practice, 8th National Advanced Forum on Cyber & Data Risk Insurance, March 2014
Data Security and Related Liability-- What an ESOP company needs to know, ESOP Association Annual Spring Conference, March 2014
The Real Cyber Risk: Threats, Valuation & Protection, NetDiligence Cyber Risk and Privacy Liability Forum, October 2013
Cyber Risk Seminar: The Maze of Legal Requirements, January 2013
Data Privacy & Security: Why It's the New Top Concern for Directors and General Counsel, presentation to Fortune 100 Company, September 2012
Privacy and Security: What You Need to Know to Keep Your Company Safe, Privacy and Security Seminar, July 2012
Commentator, Non-Compete and Trade Secret Matters, Golf Exchange Radio Program, July 2012
30 Days of Hell – Preserving Reputation During Plan Failures, NetDiligence, CyberRisk & Privacy Liability Forum, June 2012
Contracting and Non-Compete Agreements: What You Need to Know, American Pathology Foundation 2012 Distance Learning Leadership Science Series, May 2012
Social Media Issues -- Best Practices and Procedures, NAPEO's 2012 Legal & Legislative Conference, May 2012
Cyber and Privacy Liability Seminar, November 2011
The Secret Behind Laboratory Business Success: Strategies for Hiring and Retaining Key Personnel and Protecting Lab Assets, G2 Intelligence--Lab Institute 2011, October 2011
Anatomy of a Data Breach, July 2011
Key Considerations in Employment Contracts for Management and Essential Personnel, Executive War College, May 2011
Sales Representatives, Data Security, Restrictive Agreements & Insurance: Are You Shooting Yourself in the Foot?, HBMA Spring Education Conference, April 2011
Take a Smarter Approach to Securing your Data, TouchWorld and IBM Data Privacy Seminar, March 2011
"Navigating HITECH Real World Issues for your Practice," co-presenter for the RBMA Northeast Chapter Spring Educational Meeting, April 2010