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Tina Sciocchetti



Tina Sciocchetti is a partner in our Government Investigations and White Collar practice group. Tina is a former federal prosecutor and data privacy watchdog. She served for over seventeen years as an Assistant United States Attorney in both Washington, DC, and Albany. At the U.S. Attorney’s office, she investigated and prosecuted a wide range of criminal and civil matters including health care, tax and financial fraud, false claims act (including qui tam/whistleblower provisions), public corruption, asset forfeiture, sexual assault and child pornography and violent crime.

Tina also served as an executive director at the New York State Education Department focusing on investigations and professional discipline, and as the Department’s chief privacy officer, monitoring the use of protected student and educator information. In that role, she developed privacy policies and practices, provided guidance concerning privacy protections and handled data breaches.

Tina now represents a wide range of corporations and individuals in state and federal investigations and provides counsel in the areas of health care, securities, government contracts, ethics and lobbying and false claims. She also counsels educational institutions regarding compliance with federal and state mandates, conducts investigations in school settings and oversees institutional responses to investigations and inquiries by state and federal regulators. Tina has particular experience in the areas of student affairs and discipline, investigations of historical sexual misconduct, FERPA/student privacy, student safety and sexual misconduct on campus, including Title IX, the Clery Act and New York State Education Law 129-B.

What do you focus on?

Government Investigations

I focus on complex civil and criminal matters involving government investigations, white collar criminal defense and regulatory compliance. This includes conducting all manner of internal investigations, responding to subpoenas/inquiries/search warrants from investigative bodies, grand jury counseling, coordinating/negotiating criminal settlements such as deferred and non-prosecution agreements, resist/defend debarment proceedings for government contractors and conducting “soup-to-nuts” jury/non-jury trials and administrative proceedings.

Education

I also focus on counseling educational institutions, particularly in the areas of sexual and gender-based harassment, student conduct and disciplinary proceedings, school safety and disability rights compliance. My experience includes on-campus work as a Director of Student Wellbeing, investigation and response to current and historical sexual misconduct, auditing student conduct and safety programs, developing effective institutional policies and practices and advising trustees, administrators, faculty/staff and students on a variety of issues. I also help schools respond to investigations by the U.S. Department of Education Office for Civil Rights and the Clery Compliance Division, and the N.Y. State Office of Campus Safety.

Data Privacy

One of the most pressing issues for educational institutions and vendors of educational products is understanding and complying with the rapidly evolving state, federal and international privacy requirements concerning student data. I provide comprehensive counseling regarding educational data privacy, compliance with records retention and privacy laws and responding to data security breaches.

What do you see on the horizon?

The Department of Justice has announced its intention to seek out individuals within an organization to hold criminally and civilly accountable for corporate misconduct. The focus of government investigations has shifted away from corporate liability to that of individual decision-makers. Companies can no longer protect their senior leaders and personnel from individual liability in a corporate settlement. The Department has further encouraged companies to serve up their employees by withholding critical cooperation credit from companies who fail to identify those individuals connected to alleged wrongdoing and to provide all relevant facts about those employees. With this prosecutorial wedge placed firmly between companies and their employees, it is more important than ever to have an effective compliance program in place that addresses potential corporate malfeasance. Due consideration should be given to the respective privileges and interests of the company and its individual employees. Because the government’s policies create an increased risk that the interests of certain employees will conflict with that of the company, separate representation for employees should be an early consideration.

Presentations

  • “Higher Education Legal Compliance Update,” 2019 Albany College and University Breakfast Series by The Bonadio Group, Schenectady, NY, July 2019
  • “Beyond FERPA: What California and New York Require of EdTech Providers,” Privacy + Security Forum, Washington, DC, October 2016
  • “Interacting with the Government in Data Breaches,” IAPP Global Privacy Summit, Washington, DC, April 2016

Publications

  • “Uneven recognition of gender identity discrimination claims under Title VII and Title IX,” Higher Education Alert, April 9, 2018
  • “Higher Education Should Note Recent Title VII Rulings” Law360, April 5, 2018
  • “Seeing #MeToo and other online reports of sexual misconduct involving your students and faculty? Tips for addressing allegations successfully,” Higher Education Alert, February 7, 2018
  • “Department of Education withdraws Obama-era Title IX Guidance: What does it mean going forward?” Higher Education Alert, September 25, 2017
  • “Florida ‘Black Box’ Ruling: Game Changer for Vehicle Tech,” Law360, April 26, 2017
  • “Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury,” Pratt’s Privacy & Cybersecurity Law Report, September 2016
  • “The Risk of Data Misuse by Health Care Co. Employees,” Law360, May 25, 2016

Higher Education Should Note Recent Title VII Rulings

Law360 | April 04, 2018

This expert analysis of recent circuit court decisions involving claims of discrimination on the basis of sexual orientation at colleges and universities was co-written by Albany government investigations and white-collar defense partner Tina Sciocchetti, Boston government investigations and white-collar defense associate Julianna Malogolowkin and Rochester commercial litigation associate Zachary Osinski.

Florida 'black box' ruling: Game changer for vehicle tech

Law360 | April 25, 2017

Albany government investigations and white collar defense partner Tina Sciocchetti and Boston associate Charles Dell’Anno co-authored this article about a decision in a Florida state appellate court regarding search warrants for automobiles’ electronic data recorders (EDR), also known as “black boxes.”

Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury

Privacy & Cybersecurity Report | August 31, 2016

Government investigations and white collar defense partner Tina Sciocchetti and commercial litigation associate Michal Ovadia co-authored this column that discusses a federal district court’s dismissal of a putative class action filed on the heels of the health insurer’s disclosure of a data breach involving approximately 1.1 million plan members.

Contact

Tina Sciocchetti

Partner

Albany

Phone: 518-427-2677

New York

Phone: 212-224-7352


Northwestern University School of Law, J.D., cum laude

Union College, B.S., magna cum laude

New York

District of Columbia

Tina Sciocchetti is a board member of the Brown School and the American Cancer Society. She is also a member of the Women’s White Collar Defense Association.

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