Close

Listening without Missing a Beat

In our proven experience, really listening to your needs is half the battle. Not only are we completely in tune with your specific matter, we also keep up with and accommodate your hectic schedule.

Print Page

Aldo M. Leiva, Esq.
Partner

Aldo M. Leiva, Esq.

Phone: 305.655.3425 Download vCard

Aldo M. Leiva, Esq. has practiced law for over 15 years and leads the Data Security and Privacy Practice at Lubell Rosen, resident in Coral Gables, FL. Mr. Leiva represents and counsels diverse clients on rapidly-evolving federal, state, and international data security and privacy laws, including HIPAA/HITECH, data breach notification laws, cyberliability, GLB, COPPA, CAN-SPAM, FCRA/FACTA, and EU/Latin American Data Protection law. In this capacity, he has also advised clients on the related fields of Internet law, social media, digital media, mobile app and website marketing practices, and cloud computing (both service providers and users).

In addition to his information technology focus, Mr. Leiva's broad complex litigation experience in state and federal court in the areas of business/commercial litigation, electronic discovery law, tort defense, real estate litigation, construction disputes, and professional liability provides added value and efficiency to addressing clients' legal issues.

Mr. Leiva's interest in complex and technology matters is based on his professional and technical background as a systems biologist (B.S., Binghamton, M.S., UMass Boston), having served as a scientific researcher/instructor in Costa Rica, as well as a comparative legal investigator in Mexico.

In addition to his scientific and legal skills, Mr. Leiva has advocated 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 also briefed the U.S. State Department, U.S. Representatives/Senators, and U.S. Presidential candidates on Cuba law and policy. He has also analyzed Cuba trends for trade and media organizations, and academic institutions, including FAES, American University, University of Miami, Indiana University, and St. Thomas University.

Mr. Leiva is a member of the Florida Bar (Health Law Section), the American Bar Association (Science and Technology Section), and the Cuban American Bar Association (Cuba Committee). He also participates in the Miami Downtown Development Authority, Technology Advisory Council. Mr. Leiva also serves as Chairman of the Board of the Amigos of the Cuban Heritage Collection at the University of Miami Library, the largest collection of Cuban reference materials outside Cuba.

Aldo M. Leiva, Esq. has been appointed to serve on the Florida Bar Standing Committee on Technology, which serves to assure that technology tools for lawyers and educational assistance concerning technology and the law are readily available to Florida lawyers.   Mr. Leiva brings his expertise in data security and privacy matters that impact the lawyers and their clients, and will be working with other Committee members in helping lawyers encrypt confidential information and avoid data breaches of client data.  

Mr. Leiva has also been selected to serve as a contributor to Thompson Reuters’ Practical Law Series, focusing on International Data Security and Privacy Law.   The Series is a subscription-based service that provides practice insights, latest developments in the law, and comprehensive review of regional laws to lawyers in the U.S. and abroad.  

Presentations and Briefings

  • Presenter at the Forensic Expert Witness Association Florida Chapter Annual Workshop, February 2017
  • “Developing Policies Across Latin America,” Q1 Life Science Data Privacy Conference, Philadelphia, PA, July 27–28, 2015. Mr. Leiva also chaired and moderated the second day of the conference.
  • “Derecho de Datos Personales y Seguridad:  Temas de consideración por Dentistas en 2015,” [Spanish language presentation on HIPAA and Florida Information Protection Act for Dental Professional Organization], COLA-HELO (Organización Profesional de Dentistas), Miami, Florida, March 12, 2015
  • “US-Cuba Policy Changes: Outlook for 2015,”  The Salt Institute, Miami Beach, Florida, March 5, 2015
  • “HIPAA/HITECH Update:  What OBGYNS Must Know About Patient Privacy and Data Security in 2014,” American Congress of Obstetrics and Gynecology, ACOG District XII Annual District Meeting, Recent Advances and Current Trends in OB/GYN, Orlando, FL, August 16, 2014
  • "HIPAA/HITECH and Chiropractors: What You Must Know About Patient Privacy and Data Security in 2014,"  Dade County Chiropractic Society, Presentation, August 12, 2014
  • “HIPAA/HITECH Update: Practical Effects and Enforcement Trends,” American Health Lawyers Association, Presentation, January 13, 2014
  • "EHR, PHI, HIPAA, HITECH: Deciphering Alphabet Soup for Data Privacy and Security in Health Care Delivery," National Bar Association, Health Law Section Annual Meeting, Miami, FL, July 2013
  • "How will recent regulations affect South Florida’s Healthcare industry?," UM Life Sciences and Technology Park, Kaufman Rossin Power Lunch with Tome Hudson, June 2013
  • "The Cuban American Electorate in U.S. Politics," FAES conference, Madrid, Spain, November 2012
  • "Legal and Judicial Trends in Cuba," National Association of Women Judges
    November 2012
  • "Adapting to an E-World: What Attorneys Must Know in Applying the New E-Discovery Rules and How to Store and Manage Electronic Data," Cuban American Bar Association
    October 2012
  • "Health Data Breach Trends 2012," Jessie Trice Community Center, June 2012
  • Cuban American Bar Association Human Rights Briefing, U.S. Congress, September 2011
  • "Complex Systems Theory and the Rule of Law," Society for Evolutionary Analysis in Law, Los Angeles, California, February 2011
  • Cuban American Bar Association, Human Rights Committee, 2010
    • Cuban Human Rights briefings with Rep. Ileana Ros-Lehtinen (R-FL), Rep. David Rivera (R-FL), Rep. Mario Diaz-Balart (R-FL), and Rep. Albio Cires (D-NJ)
  • "New Technologies: New Spaces and Languages that Challenge Government Control- From the Virtual to the Real," Konrad Adenauer Foundation, Mexico City, Mexico December 2009
  • "Rule of Law and University Student Movements in Cuba: History and Outlook for Cuba's Transition to Democracy," Konrad Adenauer Foundation, Mexico City, Mexico, November 2008
  • Cuban American National Foundation (CANF), Washington Policy Chairman, 2007-2009
    • Policy briefings to Obama Campaign, Obama Administration, U.S. State Department, Cuba Transition Coordinator Caleb McCarry, Rep. Ileana Ros-Lehtinen (R-FL), Rep. Debbie Wasserman-Schultz (D-FL), and Economic Secretaries of the British Embassy, Washington, D.C.
    • Staff briefings with Offices of Senator Joseph Biden (D-DE), Senator Richard Lugar (R-NE), Senator David Vitter (R-LA), Senator John Ensign (R-NV), and Rep. Albio Sires (D-NJ).
  • "International Commercial Arbitration in Transition Era Cuba," Dade County Bar Association, Miami, Florida, October 2007
  • "Nuts and Bolts of International Human Rights Claims," American Bar Association, International Law Section Conference, Miami, Florida, November 2006
  • "Cuba: Past, Present and Future," Presentation before National Manufacturers Association, Miami, Florida, 2005
  • Legal Argument Presentation in Support of Petition filed by the Cuban American Bar Association Against Republica de Cuba, Inter-American Commission on Human Rights, OAS Headquarters, Washington, D.C., February 2005
  • CANF Representative, 2005, Briefings with Senators Joseph Lieberman (D-CT) and John McCain (R-AZ) and U.S. Department of Justice, Washington, D.C.
  • Cuban American Bar Association (CABA) Delegate, 2005, U.S. State Department and OAS Briefings, Washington, D.C.
  • CANF Representative, 2004, Briefings with Mexican Foreign Relations and Energy Secretaries, Mexico City, Mexico
  • "La Ley Mordaza: the Logic of Oppression," Human Rights Panel Presentation at 13th Annual Meeting of the Association for the Study of the Cuban Economy, Miami, FL, 2003
  • Conference Co-Chair, Organizer, and Presenter "The State, Justice, and the Rule of Law in Cuba,"  St. Thomas University, Miami, Florida, May 11-12, 2001

Selected Media Appearances and Interviews

  • "Apple and the FBI: Why you should care," Local 10 News, February 17, 2016
  • "Apple vs. FBI: iPhone Maker Expected To Mount Formidable Free Speech Defense," International Business Times, February 19, 2016
  • “Patients can keep you from sending claims to insurers – but must pay themselves,” Roy Edroso, Part B News, August 24, 2015, Vol. 29, Issue 33
  • “Accepting pictures from patients? Be secure; have policy, patient agreement,” Roy Edroso, Part B News, April 27, 2015, Vol. 29, Issue 17
  • “Delitos Ciberneticos y Temas de Seguridad y Privacidad de Datos Personales,”  [Cybercrime and Data Security and Privacy Issues], Opiniones Television Program, WLRN, Channel 17, Miami, Florida, March 15, 2015
  • “The Hospital’s Guide to Getting Hacked,” [Interview], Becker’s Health IT & CIO Review, Akanksha Jayanthi, February 5, 2015
  • Interviewed regarding newly-announced Obama Administration Cybersecurity Proposals and Federal breach notification law, “Cada Tarde” Radio Program, Radio Actualidad, Miami, FL, January 14, 2015 (Spanish).
  • Interviewed regarding Consumer Data Privacy issues for “Call Christina” consumer news segment, WPLG (ABC Affiliate), Miami, FL, December 29, 2014.
  • "What the HIPAA Omnibus Rule means for your practice," Jeffrey Bendix, Contemporary OB/GYN, June 2013
  • "NSA Prism Program: On-line spying," Univision News, June 2013
  • "New HIPAA rules: Make sure you are in compliance because your liability has increased," Jeffrey Bendix, Medical Economics, May 2013
  • "Should President Obama Lift Restrictions to Cuba ?," Issues, WPBT2, Miami, Florida (panelist), April 17, 2009
  • "Cuban Americans and the Florida Vote," POTUS 08, XM Radio, Washington, D.C. (Interview), May 2008
  • "Cuba After Fidel," America Abroad, Public Radio International (Interview), March 2008
  • "Cuba’s Future," On Point with Tom Ashbrook, National Public Radio (Interview), August 2006
  • "La OEA Oye a Disidentes," Rui Ferreira, El Nuevo Herald, Miami, Florida, March 2005
  • Additional media appearances on: ABC, BBC, NBC, MSNBC, CBS, NPR, TV Marti, Radio Marti, POTUS 08, Miami Herald, El Nuevo Herald, Washington Times, Der Spiegel (Germany), La Repubblica (Italy)

Professional Associations and Memberships

  • Florida Bar Association
    • Health Law Section
    • Speakers Bureau
  • Cuban American Bar Association,
    • Co-Chair- Cuba Committee
  • ABA International Litigation Committee- Data Privacy Working Group, Member
    April 2013 to Present
  • International Association of Privacy Professionals
  • E-Commerce Law Reports Journal, London, UK, Contributing Author, June 2013 to Present
  • Miami Downtown Development Authority, Technology Advisory Group, Member, March 2011 to Present
  • Amigos of the Cuban Heritage Collection, University of Miami, Chairman
    February 2011 to Present
  • Andrea Castillo Foundation, Board Member
    March 2013 to Present

Published Works

  • "The Florida Information Protection Act and HIPAA: Practical Considerations for Regulated Entities," ABA Journal, Vol. 6, Issue 2, Spring 2015
  • “You Know About HIPAA, But What About FIPA ?,” Florida Bar Health Law Section Newsletter,  The Florida Bar, Pending Publication, October 2014
  • "Mobile Medical Apps Draw FDA Scrutiny," E-Commerce Law Reports, Vol. 13, Issue 3, London July 2, 2013
  • "Cuba: 2012, ABA International Legal Developments," Year in Review
    ABA International Law Section June 15, 2013 (co-author)
  • "Electronic Data Disclosure of Third Party Personal ESI and U.S./Latin American Arbitration Proceedings- Privacy Issues within International Conflict Resolution,"
    eDiscovery and Digital Evidence Journal, American Bar Association December 6, 2012
  • "Data Protection Law in Spain and Latin America: Survey of Legal Approaches,"
    ABA, International Law News, Fall 2012
  • "Recent Developments in Spanish Data Protection Law: Summer 2012," ABA Information Security and Privacy News, Summer 2012, Volume 3, Issue 3
  • "Ibero-American Approaches to Data Protection and Enforcement," ABA Information and Privacy News, Spring 2012 Volume 3, Issue 2
  • "Ibero-American Approaches to Data Protection and Enforcement: Recent Regional Developments in Data Protection Frameworks," ABA SCITECH eMerging News, Volume 3, Issue 3, Spring 2012
  • "International Commercial Arbitration in Transition Era Cuba", Cuba in Transition: Volume 17, Proceedings of the Association for the Study of the Cuban Economy, Miami, Florida, 2007
  • "Cuban Culture and Democracy," Cuba in Transition: Volume 11, Proceedings of the Association for the Study of the Cuban Economy, Miami, Florida, 2001 
  • "Labor Law Issues and Challenges," Cuba in Transition: Volume 10, Proceedings of the Association for the Study of the Cuban Economy, Miami, Florida, 2000
  • "Environmental Technology Transfer and Foreign Investment: Factors Impacting Environmental Protection in a Transition-Era Cuba," Occasional Paper Series, Institute for Cuban and Cuban-American Studies, University of Miami, Miami, Florida, 1999
  • "Promoting and Financing the Development of an Environmental Infrastructure in a Post-Castro Cuba," Cuba in Transition: Volume 8, Proceedings of the Association for the Study of the Cuban Economy, Miami, Florida, 1998
  • "Disparities Between Hazardous Waste Law and Practice in the United States and Mexico," National Law Center for Inter-American Free Trade, Tucson, Arizona, 1996
  • "International Commercial Arbitration in the United States and Mexico," Snell and Wilmer, LLP, Tucson, Arizona, 1996
  • "Acid Rain Effects on Freshwater Fauna and the Use of Macroinvertebrate Biological Indicators," Master’s Thesis, University of Massachusetts, Boston, Massachusetts, 1994

Cuba Human Rights Pleadings

  • "Second Supplemental Report and Documentary Evidence in Support of Petition filed by the Cuban American Bar Association for Immediate Relief Against Human Rights Violations Committed by Republica de Cuba," Inter-American Commission on Human Rights, Washington, D.C., 2006
  • "Supplemental Report and Documentary Evidence in Support of Petition filed by the Cuban American Bar Association for Immediate Relief Against Human Rights Violations Committed by Republica de Cuba," Inter-American Commission on Human Rights, Washington, D.C. (Primary Author), 2005
  • "Petition filed by the Cuban American Bar Association for Immediate Relief Against Human Rights Violations Committed by Republica de Cuba," Inter-American Commission on Human Rights, Washington, D.C. (Co-author), 2003

Citations

  • “Key Environmental Legislation for Cuba’s Transition Period,” Matias F. Travieso-Diaz, 21 U. Pa. J. Int’l Econ. L. 331, January 2000
  • “WHITHER GOES CUBA? PROSPECTS FOR ECONOMIC & SOCIAL DEVELOPMENT PART II OF II: CUBA'S FUTURE AND ITS IMPACT ON U.S. TRADE AND INVESTMENT: Policy Prescriptions for the Cuban Agriculture of the Future,” Jose Alvarez, 14 Transnat'l L. & Contemp. Probs. 719, January 2004
  • “Maybe Tomorrow I’ll Turn Capitalist: Cuentapropismo in a Workers’ State,” Emma F. Phillips, 41 Law & Soc’y Rev. 305, June 2007
  • “Facilitando the Cloud: Data Protection Regulation as a Driver of National Competitiveness in Latin America,” Horacio E. Gutierrez & Daniel Korn, 45 U. Miami Inter-Am. L. Rev. 33, January 2013
  • “INFORMATION GOVERNANCE: IT'S A DUTY AND IT'S SMART BUSINESS,” Charles R. Ragan, 19 Rich. J.L. & Tech. 12, January 2013
  • “To Discovery and Beyond: A Comprehensive Look at Argentina's Data Protection Laws,” Sean McCleary, 47 U. Miami Inter-Am. L. Rev. 129, January 2016