James Giszczak
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James J. Giszczak

Member; Chair, Litigation Department; Board of Directors; Executive Committee

EMAIL jgiszczak@mcdonaldhopkins.com

PHONE 248.220.1354

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Jim is Chair of the Litigation Department, Co-Chair of the Data Privacy and Cybersecurity Practice Group, and he serves on the firm's Board of Directors and Executive Committee. 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 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.


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


  • University of Notre Dame Law School
  • Michigan State University, James Madison College

Honors and Awards

  • Selected for inclusion in Michigan Leading Lawyers for Data Privacy and Trade Secrets/Unfair Competition Law (2018) 
  • Selected for inclusion in Michigan Super Lawyers (2010-2019)

Professional Membership

  • 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)

Public Service and Volunteerism




External Publications



Speaking Engagements

  • "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