Mark E. Schreiber, Esq.
28 State Street
Boston, MA 02109
Hourly Rate $650
Current McDermott Will & Emery LLP - Partner, Co-Chair of Firm's Global Privacy and Cybersecurity Group
Practice 10
Cases 12
Languages English
McDermott Will & Emery LLP - Partner, Co-Chair of Firm's Global Privacy and Cybersecurity Group
McDermott, Will & Emery, LLP, 2016 to present; Partner, Locke Lord LLP, 2015 to 2016; Edwards Wildman Palmer, LLP, 2011-2015 (then merged with Locke Lord LLP); Partner, Edwards Angell Palmer & Dodge, LLP, 2005-11 (then merged with Wildman Harold); Partner, Palmer & Dodge LLP, 1998-05 (then merged with Edwards Angell) ; Partner, Gadsby & Hannah LLP, 1994-97; Partner, Schreiber & McKelway, P.C., 1983-94; Partner, Katz & Schreiber, 1982-1983; Associate, Bove, Katz & Charmoy, 1980-81; Chief Trial Counsel, Massachusetts Commission Against Discrimination, 1975-79.
Previously on MCAD/AAA Arbitration Program Panel for discrimination cases, Boston, mid-1990's to end of program, approx. 2000. Mediated four cases under AAA administered program for Massachusetts Commission Against Discrimination, Policy 96-1 on ADR. Most other mediations have involved employment discrimination under c. 151B, Title VII, ADA, ADEA, etc. in late 1990's, and others less formally and more recently in employment and harassment matters, contract, bonus, and terminations, and the like, as well as EU/US data protection and privacy matters (referenced below). Industries included life sciences, healthcare, pharmaceutical/medical device, financial services and hospitality/hotels.
Age, sex, sexual harassment, disability, race, retaliation and other employment discrimination and common law employment issues and claims under state and federal law, in hiring, firing, and terms and conditions. Issues include shifting burdens of proof, damages, and psychiatric evidence/diagnosis, mitigation.

Data protection and privacy matters under U.S. law, including ECPA, FCRA, HIPAA, GLB, and under E.U. law, including E.U. data protection laws, such as France, Germany, Spain and elsewhere. Issues encompass cross-border data transfer, dual compliance with Sarbanes-Oxley and E.U. country data protection, and differing perspectives on privacy, privacy compliance, oversight and enforcement.
As a management employment lawyer at a large firm, mediated and settled numerous employment, harassment, and discrimination cases; attended and participated in at least 15 mediations, mostly in the employment discrimination field but also in the medical malpractice area.
Many labor and employment matters, including discrimination and harassment ones, can be settled if both parties are so inclined. Identifying the commonality of interests or intersection of the parties' respective positions and goals is often key to this process. The plaintiff may need to be "heard" before resolution is possible and the company may be willing to resolve the matter on reasonable but not excessive terms. In the submissions and risk assessment, I expect the parties in these cases to give rigorous attention to applicable burdens of proof and actual expected evidence.

In EU and other data protection matters for companies with global or multi-national operations the key is reconciling the different laws, practices and compliance concerns while being sensitive to various cross-border and cross-cultural approaches to the same or similar dilemmas.
References available upon request.
AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA The Arbitration "Need to Knows": Trends and Lessons for 2017 and Beyond, 2017; AAA eDiscovery - Arbitration in a Digital World ACE12, 2016; AAA Crossing the Line: New Developments in the Law of Arbitral Jurisdiction, 2015; AAA How to Navigate the Arbitrator Disclosure Minefield, 2014; AAA Webinar, Confidentiality in Labor and Employment Arbitration, 2013; HB Litigation Conferences, 2nd Annual NetDiligence Cyber Risk & Privacy Liability Forum, 2011; The Center for American and International Law, Symposium on Global Markets, Legal Challenges for In-House Counsel and Their Outside Advisors When Doing Business Abroad, 2011; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011; Faculty, AAA Webinar, Understanding and Addressing Bias in the Workplace, 2009; Faculty, AAA Discrimination Dispute Resolution, 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2006; AAA Arbitrator Ethics and Disclosure ACE03, 2005; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2004; Arbitrator Update 2003; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2002; MCAD/AAA, MCAD Mediation Program under Policy 96-1, 1996; MCAD/AAA, Mediation Training; American Arbitration Association, various ADR training.
Admitted to the Bar: Massachusetts, 1972; U.S. District Court, District of Massachusetts, 1973; U.S. Court of Appeals: First (1976) and Sixth (1984) Circuits; U.S. Supreme Court, 1979.
World Law Group, Chair, Privacy Matters Group for last decade to 2016; Boston Bar Association (co-chair Privacy Law Committee, 2014-2017; co-founder and past Co-Chair). Previously: Massachusetts Bar Association (Labor and Employment Section Council; Health Law Section: Labor Section; Subcommittee on Drafting Sexual Harassment Guidelines issued 2002, Management Co-chair); Boston Bar Association (Labor/Equal Employment Opportunity Committee).
University of Michigan (BA, with distinction-1969); Harvard University (JD-1972).
National Law Journal award; World Law Group, Practice Group Leader of the year Award, 2012, Phi Beta Kappa, University of Michigan; Fulbright Scholarship (declined for law school); Woodrow Wilson Scholarship (declined for law school).
Has given more than 250 lectures and presentations, in the US and a number of countries, to bar and bench associations, insurance companies, compliance organizations, privacy officers, and personnel groups on data breach management, privacy, data protection, SOX hotlines abroad, employment law and litigation, damages, jury instructions, sexual harassment and other investigations, arbitration of employment disputes, healthcare fraud and abuse, and privacy generally (HIPAA, email practices, GLB, CAN-Spam, EU data protection), and other compliance topics. See https://www.mwe.com/en/team/s/schreiber-mark-e?currenttab=thought-leadership. Articles and speaking engagements include: "To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law", November 7, 2017, article; "Irish Court Casts Serious Doubt on EU Model Clauses", October 10, 2017, article; "New York's Cybersecurity Requirements Post Multi-Year Compliance Challenges", September 20, 2017, article; "Global Privacy & Cybersecurity Compliance Strategies Series - Part Two: Asia and the Rest of the World", September 12, 2017, article; "Privacy Shield Implementation and How-To Kit from McDermott Will & Emery", August 2017, article; Practising Law Institute, "Can You Really Use That Data? Potential IP and Data Privacy Pitfalls in Big Data Agreements,April 12, 2017, webinar; "Privacy Shield - A "How-to" Guide on Navigating its Process, Risks and Opportunities", March 23, 2017, article; "Cyber Diligence and Risk Mitigation in M&A - Global Privacy & Cybersecurity Webcast Series", March 22, 2017; "Privacy Shield - Global Privacy & Cybersecurity Webcast Series", March 8, 2017; "Privacy Shield - A "How-to" Guide on Navigating Its Risks and Opportunities", September 8, 2016, video; Co-author, "Use and Transfer of Medical and Clinical Data in Greece," Nephrologists' Conference, Greece, August 2007; "New German SOX Whistleblower Guidelines: Some Help for US Companies," EAPD CLIENT ALERT, May 2007; contributing author, "Drafting Employment Documents in Massachusetts," MCLE, Inc., Liebowitz, ed., 1997, 1999, re-published, 2006; co-author, "Reducing the Risk of Whistleblower Complaints," RISK MANAGEMENT MAGAZINE, November 2006; co-author, "Privacy Rules of Whistleblower Complaints and Investigations," LABOR & EMPLOYMENT BULLETIN, Edwards Angell Palmer & Dodge, Summer 2006; co-author, "Anti-Kickback Laws Pose Risk to Health Care Deals," VENTURE CAPITAL JOURNAL, vol. 6, June 2006; co-author and chapter author, "Anonymous Sarbanes-Oxley Hotlines for Multi-National Companies: Compliance with E.U. Data Protection Laws," chapter 9, THE PRACTITIONER'S GUIDE TO THE SARBANES-OXLEY ACT, vol. ii, American Bar Association text, May 2006; "Compliance with Sarbanes-Oxley in the European Union Made Easier: Update on French CNIL Whistleblower Guidelines and New Online Authorization Process," BNA INTERNATIONAL WORLD SECURITIES LAW REPORT, January 2006; co-author, "Anonymous Sarbanes-Oxley Hotlines in the EU: Practical Compliance Options for Global Companies," BNA WORLD DATA PROTECTION REPORT, August 2005, BNA PRIVACY & SECURITY LAW, September 2005; co-author, "Federal Anti-Kickback Law Applied to Medical Device and Biotech Companies," Palmer & Dodge LLP publication, July 14, 2005; co-author, "Privacy Update - News and Information on Privacy, Security, and Electronic Transactions," Palmer & Dodge LLP publication, March 12, 2004.
$650 Per Hour
English
United States of America
Boston, MA

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.