In the Cannabis Industry, Profitability and Data Privacy/Security go Hand-in-Hand

Reprinted with permission from the July 1, 2020, issue of the New Jersey Law Journal. Further duplication without permission is prohibited. All rights reserved. © 2020 ALM Media Properties, LLC. A fully copy of the article is available here. * * * * * * By Rebecca Rakoski, Esq. No longer operating in the margins, the […]

A Continued Increase in Data Breaches Requires Proactive Privacy Compliance

By Antonia Dumas, Associate at XPAN Law Group LLC  A data breach equates to data security and privacy compliance targets. The easiest way for regulators or authorities to make a business a target for enforcement is a data breach (see our previous blog post about data breaches bringing you in front of regulatory eye).  A […]

Understanding the AG’s Role in Consumer Data Protection

By Antonia Dumas, Esq. Two trends are rapidly changing the legal liabilities of data privacy and cybersecurity: (1) private rights of action and (2) Attorney General enforcement actions. Many states are providing increasing ability for both the Attorneys General and individuals to enforce newly adopted privacy requirements. And, these methods of holding a company liable […]

Maintaining Your Data Breach Investigation Report as Privileged

Michael Simon A critical component of any major data breach or incident response is retaining an expert consultant to investigate, remediate and recommend changes to prevent reoccurrence of the breach or incident. Companies and their outside counsel rely on these  experts to report on when the intrusion occurred, how it happened, what safeguards were in […]

Data Privacy and Security Starts At Design

By Michael Simon In the last few months, Zoom made headlines with privacy and security concerns while at the same time dealing with a massive increase in users (see our prior post on Zoom here).  The privacy and security issues faced by Zoom have led to a loss of confidence in the application by consumers […]

The Rise of the Machines

As we started 2020, it would never have occurred to many of us that before the end of the spring, we would be faced with moving our daily lives almost entirely into a virtual world. We have seen a substantial change in the way we conduct business, educate our children, and generally interact with the […]

Contact Tracing Gridlock

As states move to reopen the U.S. economy, we hear a lot on the news about contact tracing applications and how we can use it to help reduce the spread of COVID-19. With all of this news comes the inevitable and frankly critical question of data privacy. If we allow governments or private organizations to […]

Knowing What to Ask About Your Privacy and Liability Contractual Obligations

By Antonia Dumas, Associate at XPAN Law Group  Data breaches are still occurring frequently. These breaches can bring to light security vulnerabilities and potential regulatory obligations and compliance issues. Our team continues to highlight the regulatory enforcement components; but,  it is important to understand the contractual liability can play just as impactful a role in […]

What the US Needs Now: A Federal Privacy Law

Last week, a number of U.S. senators, led by Senator Roger Wicker, R-Miss., chairman of the Senate Committee on Commerce, Science, and Transportation, announced that they will introduce the “COVID-19 Consumer Data Protection Act” (the “Act”). Senator Marsha Blackburn, R-Tenn., highlighted that in the current crisis, “we are leaning on technology more than ever to […]

This is Not the End of Privacy

By Michael Simon, Attorney at XPAN Law Group. We’ve all likely seen the same headlines in the past few months: “Coronavirus tracking technology raises privacy concerns: ‘It’s a little scary’” “How Coronavirus Is Eroding Privacy” “As Coronavirus Surveillance Escalates, Personal Privacy Plummets” “Coronavirus Could Infect Privacy And Civil Liberties Forever” “Should We Sacrifice Our Data […]