Stephen W. McInerney

STEVE MCINERNEY focuses his practice on matters related to cybersecurity, national security, data privacy, and related technology and regulatory legal compliance matters.

Steve regularly advises clients in preparing for, and leading investigations in response to, sophisticated cybersecurity incidents, including ransomware, malware, and software and device vulnerabilities. He also has significant experience assisting clients in responding to regulatory investigations and congressional inquiries regarding cybersecurity and national security matters, as well as defending against class action litigation.

Steve also advises organizations on evolving federal and state cybersecurity, data privacy, and artificial intelligence compliance issues — including HIPAA, GLBA, NY DFS Part 500, state comprehensive privacy laws (such as CCPA), and other emerging laws.

Clients regularly seek Steve’s guidance in the context of transactional matters, including conducting diligence and negotiations related to significant cybersecurity, data privacy, and artificial intelligence risks. He is also involved in negotiating and advising clients on data privacy and security terms as part of technology transactions. 

Steve’s experience spans a wide array of industries, including technology, aviation, healthcare, telecommunications, financial services/insurance, and other consumer-facing companies.

Steve received his undergraduate degree and J.D. from the University of Michigan Law School, cum laude, and won the Food and Drug Law Institute H. Thomas Austern Memorial national writing competition. Steve is an IAPP Certified Information Privacy Professional/United States (“CIPP”) and Certified Information Privacy Technologist (“CIPT”).

 Regulatory inquiries regarding privacy and cybersecurity handled:

• Multiple financial institutions and insurance companies in regulatory inquiries by the New York Department of Financial Services in connection with their review of compliance with the DFS Cybersecurity Regulation in the wake of data security incidents.
• Major consumer-facing company in response to FTC inquiry regarding data breach and data security practices following customer data found on dark web.

Data breach litigation matters:

• Represent a healthcare organization in multidistrict litigation related to a data security incident.
• Represent an insurance company in litigation related to a data security incident. The district court granted the Company’s motion to dismiss (appeal pending).

Service provider and other tech transactions – privacy and cyber counseling:

• Represented LifePoint Health in its multi-year strategic partnership with Google Cloud to transform healthcare delivery in communities across the United States through LifePoint’s implementation of Google Cloud’s Healthcare Data Engine.
• Represented LifePoint Health in its acquisition of Kindred Healthcare.
• Represented a major airline in multiple service provider contracts — including, for example, related to global HR vendors, employee benefits vendors, pharmacy benefits managers, and transportation providers.

Diligence and deal counseling:

• Representing Arthur J. Gallagher in its US$13.45 billion acquisition of AssuredPartners from GTCR (pending).
• Represented Athletic Brewing Company, a leader in the non-alcoholic beer market, in its US$50 million equity financing round led by General Atlantic.
• Represented Aon plc (NYSE: AON), a global professional services firm, in the sale of Healthy Paws to Chubb.
• Represented Synchrony in Its Acquisition of Ally’s Point-of-Sale Financing Business, Including US$2.2 Billion of Loan Receivables.
• Represented Sixth Street Growth in its Series A investment in Logile, Inc.
• Represented Sixth Street Growth in its US$150 million Series A investment in MasterControl Solutions, Inc.
• Represented Clearlake Capital Group, L.P. in its acquisition of Ticket Evolution Inc.
• Represented Goldman Sachs Asset Management in a US$116 million investment round in cloud-native database SingleStore.
• Represented Clearlake Capital Group, L.P. in a significant new equity investment in Dodge Construction Network.
• Representing American National Insurance in its US$5.1 billion acquisition by Brookfield Asset Management Reinsurance Partners (pending).
• Representing Prudential Financial, Inc. in the sale of a US$31 billion portion of its in-force legacy variable annuity block for US$2.2 billion to Fortitude Re, Bermuda’s largest multi-line reinsurer (pending).

Steve maintains an active pro bono practice. He serves as a member of the Board of Directors for the Chicago Appleseed Center for Fair Courts. His recent experience also includes representing an individual in a two-day criminal trial and representing pro se litigants in trials before the Circuit Court of Cook County.