John Barlament's practice focuses on two primary areas: Employee Benefits and Data Privacy and Security. Because most health plans are subject to HIPAA, and HIPAA concepts are followed in many other state and federal privacy and security laws, John's experience in the two areas provides a natural overlap. John serves as co-chair of the Firm's Data Privacy & Security Team.
Employee Benefits. In the Employee Benefits area, John Barlament represents employers, third-party administrators, fiduciaries, brokers, and benefit consultants in all aspects of employee benefits law, with an emphasis on health and welfare plan matters. These matters include health care reform questions (Affordable Care Act); ERISA; COBRA and HIPAA.
For multiemployer plans, John is one of the few attorneys in the country who has limited his practice to representing the plans and their trustees on a "sole counsel" basis. That is, in order to ensure consistency in advice among multiemployer plan clients, John does not represent "management trustees" or "labor trustees"—instead, he represents both, with no bias towards either side.
John’s knowledge of benefits law, and his ability to translate it into practical, "plain-English" advice, makes him one of the country’s most sought-after attorneys and advisors in the field. He is recognized as a national speaker on these issues and is a contributing author on two of the country’s leading manuals in these areas (EBIA’s Consumer-Driven Health Care and EBIA’s HIPAA Portability, Privacy & Security).
Data Privacy and Security. Building upon this deep experience with the HIPAA Privacy and Security Rules, John has assisted hundreds of clients with many other privacy and security law issues, including the Gramm-Leach-Bliley Act, data breach notification laws, the Children’s Online Privacy Protection Act (COPPA), web site privacy policies, Social Security Number restrictions, the “Red Flags Rule,” and international privacy laws (e.g., EU and Canadian privacy laws). He has published articles in this area, including “A Primer on Online Privacy” (Wisconsin Lawyer magazine), and was a contributor to the American Bar Association’s “International Guide to Privacy.” In 2015 he was quoted in a Wall Street Journal publication and interviewed on a National Public Radio segment about data breach matters. He also has participated in related groups, including the Consortium for Global Electronic Commerce’s E-Security Workgroup.
Education and Honors
- Duke University School of Law (J.D., summa cum laude, 1997)
- St. Norbert College (B.B.A., summa cum laude, 1994)
Professional and Civic Activities
- The Associated General Contractors of Wisconsin (Member, 2008)
- Greater Milwaukee Employee Benefits Council (Member)
- Consortium for Global Electronic Commerce, E-Security Workgroup (Member, 2001–2002)
- International Association of Privacy Professionals (Member)
- Listed in The Best Lawyers in America® (2010–present: Employee Benefits (ERISA) Law)