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Amy Kabaria

Associate

T 202.973.4235 Chicago
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Amy Kabaria, CIPP/US, is a member of DWT's technology, communications, privacy and security group where she helps clients with privacy and data security matters, including policies, procedures, agreements, and investigations to achieve regulatory compliance that takes into account client business objectives. Her practice involves proactive counseling, including product counseling, as well as assisting clients in the event of regulatory inquiries, incidents and data breaches.

With a background that includes time at the Centers for Medicare and Medicaid Services Division of HHS' Office of General Counsel, at the Food and Drug Administration's Office of Policy, as a company founder, and as Chief Privacy Officer of a publicly traded professional services company, Amy understands the complex regulatory and business demands that healthcare entities and innovative organizations face, from multinational corporations to startups.

Practice Highlights

Health information privacy

Assists with HIPAA, FTC Health Breach Notification Rule, and state law compliance, including with the California Confidentiality of Medical Information Act, to address cutting edge issues in health information privacy. Reviews, drafts, and negotiates business associate agreements, HIPAA authorization forms, and consent forms. Develops and reviews privacy and security policies and plans.

General privacy counseling

Counsels on data privacy frameworks including CCPA, GDPR, CAN-SPAM, BIPA, FERPA, CPRA, and new U.S. state data privacy laws, among other relevant laws such as the FTC Act. Reviews, drafts, and negotiates various vendor- and customer-side data protection agreements and counsels on cross-border data transfers. Develops privacy and security programs.

Breach response

Assists entities with incident response and crisis management under state, federal, and international requirements, including the HIPAA Breach Notification Rule, as well as other HIPAA and state reporting requirements.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • Illinois, 2014

Education

  • J.D., University of Michigan Law School, 2013
    • Dean's Scholarship
    • Michigan Health Law Organization
    • Articles Editor, Journal of Environmental and Administrative Law
    • University-wide "1000 Pitches" winner
  • M.P.P., Harvard University, John F. Kennedy School of Government, matriculation
    • Project Leader, Harvard LIDS with Orrick, Herrington & Sutcliffe
    • Leadership Steering Committee, Government 2.0 Policy Interest Committee
  • A.B., Biology, Harvard University, 2008
    • Secondary Field Certificate in Health Policy

Languages

  • Gujarati

Memberships & Affiliations

    • Certified Information Privacy Professional for U.S. Sector, International Association of Privacy Professionals
    • Co-Chair, Health Law Section, South Asian Bar Association of North America, 2021-present
    • Co-Chair, D.C. Chapter; Former Chair, Chicago Chapter; Leadership Committee – Harvard Alumni Entrepreneurs, 2018-present
    • Forming Member, Digital Assets Self-Regulatory Organization and Policy & Regulation Committee, Global DCA, 2019-present (passive)
    • Director of Strategic Planning and previous roles, Blockress, 2017-2021
    • Co-founder, Axxon and Digitrack

Professional Recognition

    • Selected to a list of "Ones to Watch" in Health Care Law and Privacy and Data Security Law (Washington, D.C.) by Best Lawyers, 2023
    • Selected to "Illinois Rising Stars" in Health Care, Thomson Reuters, 2020

Background

    • Assistant General Counsel, Chief Privacy Officer, and HIPAA Privacy Officer – Huron, Chicago, 2021
    • Of Counsel, Healthcare and Privacy, Litwin Law (now Litwin Kach), Chicago, 2019-2021
    • Legal Counsel, Orange Frame (dba USA Doctor), Chicago, 2018-2019
    • Associate, 2014-2015; Summer Associate, 2013 – McDermott Will & Emery, Chicago
    • Law Clerk, Hall Render, Indianapolis, 2012
    • Summer Law Clerk, U.S. District Court, District of Columbia, Washington, D.C., 2011
    • Summer Honors Legal Intern, U.S. Department of Health and Human Services Office of General Counsel, Centers for Medicare & Medicaid Services, Washington, D.C., 2011
    • Intern, Office of Policy, Food and Drug Administration, Washington, D.C., 2011
    • Graduate Student Intern, Policy Support Unit, United Nations, New York, 2010
    • Communications Fellow, American Constitution Society, Washington, D.C., 2008-2009
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