Tatiana Melnik has counseled both United States-based and foreign companies as well as vendors to such companies on developing, protecting, buying and selling information technology products, on protecting intellectual property rights developed in products and services, on regulatory compliance matters (e.g., HIPAA, HITECH, GLBA and state privacy laws), on advertising matters, and other general corporate issues. To learn more, please click on the links below:
Data Privacy & Security
General Business Matters
Healthcare Information Technology
Marketing, Advertising, and Promotions
|Data Privacy & Security |
|Reviewed, revised and drafted as necessary the policies, procedures and disclosures for an international payment processor for compliance with US privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), Title V and the privacy laws of various states (e.g., Florida, Louisiana, Maryland, Mississippi, Massachusetts, and New Jersey) as well as compliance with the Electronic Funds Transfer Act (EFTA), Regulation E and the E-SIGN Act. |
Assist covered entities, business associates, and subcontractors with legal issues and strategic counseling involving compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH), and state privacy and data security laws.
Counsel covered entities and business associates on technology selection matters and requirements to meet various state and federal privacy laws.
Draft mobile app privacy policies and terms of service on behalf of mobile app and software development firms for apps sold through various online marketplaces.
|General Business Matters |
|Serve as outside in-house counsel assisting business owners with various day to day legal matters. |
Assist clients with various corporate matters including strategic counseling involving business formation issues for limited liability companies and corporations and assisting with asset purchase and sale transactions.
Draft operating agreements and bylaws, and counsel business governance issues.
|Serve as outside healthcare counsel to covered entities, business associates, and subcontractors providing legal advise on data privacy and security issues, technology purchasing, and other regulatory compliance matters. |
Serve as outside healthcare counsel to medical providers and clinical labs advising on healthcare regulatory issues including Stark (and mini-Stark), Federal Anti-Kickback Statute and state level counterparts, the Anti-Markup Rule, and Medicare and Medicaid reimbursement requirements.
On behalf of a national pharmaceutical and medical supply company, undertook a 20+ state analysis of physician dispensing, pharmacist licensing, Stark, mini-Stark, and fee splitting compliance issues and worked with state licensing boards to clarify inconsistencies between state laws and regulations issued by the boards.
|Healthcare Information Technology |
|Develop and counsel on business associate agreements (BAA), registry and data use agreements, and the purchase of electronic healthcare records (EHR) technology. |
Assist clients with legal issues and strategic counseling involving healthcare information technology, data privacy matters and healthcare regulatory compliance including compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH) Act and navigating American Recovery and Reinvestment Act of 2009 (ARRA) to obtain EHR Meaningful Use incentives.
Managed a complex multi-party data sharing agreement negotiation between an health information exchange (HIE), two health plans, a hospital and several sub-state health information exchanges.
Drafted and negotiated penetration testing agreements and authorizations of several healthcare providers.
|Information Technology |
|Assist clients with various information technology related issues including drafting and negotiating software purchase and development agreements, cloud computing, collocation and other data services agreements, data use and data sharing agreements, licensing business-critical software applications and penetration testing. |
Counsel clients on various website and e-commerce matters, including privacy policies, terms and conditions, and social media issues.
Aided a data center providing cloud computing services to the healthcare and financial services markets with drafting a number of form agreements, including terms of service, service level agreement, and business associate agreement.
|Intellectual Property |
|Counsel clients on protecting their US and international trademark rights, including trademark portfolio management, working with foreign agents to address cancellation and opposition proceedings, drafting and negotiating coexistence agreements and other strategic alliances, and assisting with due diligence in asset purchase and sale transactions. |
Counsel clients on domain name disputes, and copyright matters including DMCA take-down compliance and actions.
Successfully overcame a substantive Office Action refusal based on likelihood of confusion with an existing registration.
Managed the Latin American prosecution and litigation aspects of a Tier-1 automotive supplier’s premier marks in its worldwide trademark portfolio, which included serving as the liaison to foreign counsel, analyzing oppositions and cancellation opportunities across Latin America and the Andean Community, assessing appropriate action with respect to the client’s global branding strategy, and drafting and negotiating coexistence agreements.
Managed the prosecution of several international trademark applications on behalf of a U.S. pharmaceutical company, including filing in Madrid and non-Madrid member countries.
|Marketing, Advertising, and Promotions |
|Counsel clients on various advertising and promotional matters, including advising on FTC advertising substantiation matters, drafting official rules for contests and sweepstakes, drafting services agreements (e.g., blogger agreement) and negotiating sponsorship agreements. || || |
|Speaking Engagements |
|Tatiana Melnik is experienced in developing engaging training sessions and presentations. |
Tatiana speakers frequently on a variety of healthcare information technology, information technology, privacy, data security, and compliance issues. She is a recognized speaker in a number of areas, including HIPAA/HITECH compliance, data breach notification requirements, telemedicine, cloud computing, mobile medical apps, BYOD policies, and other areas.
Tatiana has spoken at conferences throughout the United States, including the HIMSS National Conference and the Executive Officer Leadership Summit of the National Council of State Boards of Nursing. Review publications and presentations.
If you would like to have Tatiana speak at your event or provide a training your workforce, session to please contact her.