Mr. Leiva also serves on the Data Protection, Privacy and Cybersecurity Team, advising clients on compliance, transactions, and litigation involving rapidly evolving federal, state, and international cybersecurity and data privacy laws. Mr. Leiva also serves as trial counsel in complex litigation matters, including class action defense, tort, and business litigation.
Clients turn to Mr. Leiva for strategic legal counsel when facing cybersecurity incidents, data privacy issues, and compliance or litigation involving complex cybersecurity and privacy laws and regulations, including federal laws (CFIUS, TCPA, HIPAA, HITECH, GLB, COPPA, CAN-SPAM, FCRA/FACTA), state laws (data breach notification laws, FIPA, FSCA, CCPA, CPRA) and EU/Latin America data protection laws (GDPR). He has served as privacy compliance counsel, cybersecurity risk mitigation counsel, and general counsel for numerous companies. He advises clients on business practices that comply with laws governing their digital operations, including social media, digital media, mobile app and website marketing, and cloud computing.
Clients also rely upon Mr. Leiva's experience representing companies in complex litigation matters involving business disputes, consumer class action (TCPA, privacy), insurance-related litigation, eDiscovery, tort defense, professional liability, real estate, and construction disputes.
Mr. Leiva monitors and assesses cybersecurity and privacy challenges presented by emerging technologies, including cryptocurrencies, blockchain applications, autonomous vehicles, the Internet of Things, and artificial intelligence. He has also completed extensive critical infrastructure training programs of the U.S. Department of Homeland Security (DHS) Industrial Control Systems Cyber Emergency Response Team in Cybersecurity for Industrial Control Systems and Operational Security for Control Systems, and has similarly received comprehensive training via DHS and FEMA-authorized programs in the areas of cyber incident analysis and response, disaster recovery for information systems, physical and cybersecurity for critical infrastructure, information risk management and critical asset risk management.
Mr. Leiva serves on the board of directors of the South Florida Chapter of InfraGard, a leading public-private partnership between U.S. businesses and the Federal Bureau of Investigations (FBI) that focuses on critical infrastructure protection. He has developed educational programming on cybersecurity laws and regulations for the members of InfraGard. In 2017, Mr. Leiva was recognized by the FBI for exceptional service in connection with his InfraGard service.
Mr. Leiva's interest in complex technology matters is based on his professional and technical background as a systems biologist, having served as a scientific researcher/instructor in Costa Rica, as well as a comparative legal investigator in Mexico.
Mr. Leiva's pro bono efforts have focused on advocacy for the Rule of Law in Cuba, serving as counsel for Cuban political prisoners and pro-democracy activists before the Inter-American Commission on Human Rights, resulting in a ruling against the Cuban government by an international committee for human rights violations. As a Cuba law/policy analyst, Mr. Leiva has briefed the U.S. State Department, Representatives and Senators, and Presidential candidates on Cuba law and policy. He has also analyzed Cuba trends for trade and media organizations and academic institutions, including the Foundation for Advanced Education in the Sciences, American University, University of Miami, Indiana University, and St. Thomas University. Mr. Leiva was honored to receive the 2020 Human Rights Award from the Cuban American Bar Association in recognition of his activism and advocacy for human rights in Cuba.
Mr. Leiva is fluent in Spanish.