Privacy & Data Security

/Privacy & Data Security

Partners Michael Khoury and Stu Panensky Author Article on Cyber & Privacy Liability for Lawyers and Law Firms

Partners Michael Khoury and Stu Panensky recently authored an article on cyber and privacy liability issues confronted by lawyers and law firms for the Summer 2019 edition of the Michigan Business Law Journal. Titled, Technology and Cyber-risk Obligations and Issues for Lawyers and Law Firms, Michael and Stu explore numerous cyber and privacy issues that lawyers [...]

Client Alert – SEC and Cyber-Risk: Controls and Disclosure Take Center Stage

During the past several months, the US Securities and Exchange Commission (“SEC” or “Commission”) has increasingly emphasized the importance of robust disclosure by public (and possibly private) companies of their exposure to and management of cybersecurity risk.   For example, the SEC issued guidance on cybersecurity disclosures for public companies earlier this year that we discussed [...]

FisherBroyles Welcomes Stuart A. Panensky to its Princeton, NJ Office

Next Generation Law Firm FisherBroyles, LLP has expanded its Cyber-Risk; Privacy & Data Security practice group with the arrival of new partner Stuart Panensky.  Based in the firm’s Princeton, N.J. office, Mr. Panensky is the former co-chair of a boutique insurance law firm’s Cyber-Risk, Technology & Data Security practice group. “Privacy and data security are [...]

Thanks, Snowden! Prepare Now For the GDPR … Or Pay Later

PRACTICE AREA / INDUSTRY:  DATA SECURITY & PRIVACY, INTELLECTUAL PROPERTY You have probably heard something about the General Data Protection Regulation (“GDPR”) adopted last year by the European Union to become effective on May 25, 2018. This is the newest approach taken by the EU to protect the privacy of its citizens’ personal data and [...]

Client Alert – First Aid for Your Data and Infrastructure: The Immediate Aftermath of a Data Breach

PRACTICE AREA / INDUSTRY: DATA SECURITY & PRIVACY, INTELLECTUAL PROPERTY July 20, 2017 -Uh oh! Your IT manager tells you – after hours, of course, - that your systems have been hacked. What now? Just as is the case when someone is physically injured and substantial medical attention will be needed to facilitate their full [...]

Anthem Settles Multidistrict Litigation over 2015 Data Breach $115 Deal Sets Record for a Data-Breach Settlement

Health insurance giant Anthem Inc. reported on February 4, 2015, that its computer systems had been targeted in a “very sophisticated external cyber attack.” The hackers stole personal information from nearly 80 million Anthem employees and customers, including names, birthdates, Social Security numbers, and addresses. Anthem reported at the time that all of its product [...]

Telling a Tall Tale: Reports of Demise of Privacy Obligations are Greatly Exaggerated

There has been a good deal of public discussion of pending legislative action to relieve internet service providers of the obligation to obtain affirmative consent of customers [‘opt-in’] before collecting and sharing customer information. Those engaged in digital marketing via e-mail and text message may wonder what this means for their efforts.  In our view, [...]

Text or Tele-Marketing? Need to Expand Your View of Privacy Obligations

For many businesses, privacy compliance does not involve only what you do with consumer information and whether you properly disclose your intentions. In particular, those contemplating phone or text marketing campaigns, including those tied to use of smartphone GPS data, need to be aware of the provisions of the Telephone Consumer Protection Act. Originally enacted [...]

The “New” NDA In A World Of Data Breaches: Risk Vs. Return

 PRACTICE AREA / INDUSTRY: DATA SECURITY & PRIVACY, INTELLECTUAL PROPERTY   August 25, 2016 — Anyone in business knows that they will only stay there if they properly equate their potential returns with the legal and economic risks they are being asked to assume. Pretty basic, huh? Not so much today—even in the seemingly tranquil [...]