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Conduct Business in Nevada? If So, be Aware that a New Nevada Law Gives Consumers the Right to Opt-Out of the Sal e of Their Personal Information By Casey J. Quinn, Jeffrey M. Dennis

Governor Steve Sisolak recently signed into law Senate Bill 220 (“SB 220”), which gives consumers in Nevada the right to opt-out of having the operator of a website or online service sell their personal information. Building on the Nevada data privacy law that was passed in 2017, SB 220 was introduced with the intention of cutting down on the number of robocalls and sales calls that Nevada consumers received as a result of internet searches or services. The Legislature passed the bill with a long-arm statute to create protections in Nevada law that can apply to all businesses interacting with Nevada consumers on the internet, regardless of where the business physically exists.

June 17, 2019

State Senate Sets Controversial Amendment of Consumer Privacy Law Aside for Now, But Penalties Remian By Heather Whitehead, Jeffrey M. Dennis

The California Consumer Privacy Act of 2018 (CCPA), goes into effect January 1, 2020, and is intended to protect the use, sharing and selling of consumers’ personal information, amongst numerous other requirements. The CCPA has been amended once to date, with Senate Bill 1121 (signed into law in September 2018), for clarification and to address various technical issues.

June 11, 2019

C-Suite Beware: Cyberattacks are Targeting Executives and Financial Departments Just Like You By Jeffrey M. Dennis, Casey J. Quinn

Verizon recently released its 2019 Data Breach Investigations Report (the “Report”) and it reveals some startling trends about the targets of cyber breaches. Based on an analysis of 41,686 security incidents, including 2,013 confirmed data breaches, the Report highlighted the increasing number of financially-motivated social engineering attacks. Instead of focusing on installing malware, these attacks focus on credential theft and personal information with the goal of getting unwitting individuals to transfer funds to the attackers. 71% of the breaches analyzed were financially motivated. Not surprisingly, a disproportionate amount of these attacks affect professional, healthcare, and financial industries. The Report is a good reminder that hackers are continuing to get at your company’s wallet in new and interesting ways, and, increasingly, are finding that the C-Suite is an easy way in.

June 7, 2019

Supreme Court Raises Standing Issue for Privacy Settlement, Remands Google Privacy Case for Spokeo Consideration By Scott L. Satkin, Jeffrey M. Dennis

When a challenge to an $8.5 million settlement reached in a class action against Google for revealing users’ search history was appealed to the U.S. Supreme Court, the litigants and many court watchers expected the main issue to be whether payment of the settlement to privacy groups instead of the class members was permissible. The justices, however, had other ideas. The Supreme Court focused on Article III Standing in light of the alleged privacy violations. Given the ubiquity of businesses storing consumer data and the increasing frequency of major breaches compromising that data, business owners and executives should keep a close eye on cases like these in order to better understand the scope of liability in the event of a data breach.

March 19, 2019

Recalculating For Small Business By Jeffrey M. Dennis

Jeff Dennis discusses different cybersecurity risks for small businesses in 2019 on Recalculating Radio with Don Mazella.

January 11, 2019

Cybersecurity, Privacy, and Everything In Between: How 2018 Has Changed the Landscape By Jeffrey M. Dennis, Amtoj S. Randhawa

Originally published on Thomson Reuters Westlaw, December 11, 2018. 2018 has been a pivotal year for consumer data protection and cybersecurity, with sweeping new laws being passed to ensure increased consumer data and privacy around the world. If you, like most people, have not tracked each and every development, there is no need to panic.

December 17, 2018

Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident? By Heather Whitehead, Jeffrey M. Dennis

Cybersecurity incidents are occurring on a daily basis and at an increasingly growing rate. Yet, many small businesses still have not obtained adequate (or any) cyber insurance to address these risks and the costly impacts to the business that will result. In a recent study completed by the Insurance Information Institute , only about a third of all small businesses polled responded that they have cyber insurance in place, with 70% of respondents replying that they have no plans to purchase a cyber insurance policy in the next 12 months. Most of the businesses indicated that they do not believe they have any need for cyber insurance, yet almost half of those same companies stated they are unprepared to handle cyber threats. A main reason for not purchasing cyber insurance was a lack of understanding about this type of insurance and coverages available.

November 2, 2018

The Equifax Data Breach: Lessons Learned from a One-Year Look-Back By Jeffrey M. Dennis, J. Kyle Janecek

On September 7, 2017, Equifax announced one of the largest cybersecurity breaches in U.S. history. One year later, companies can protect themselves by learning valuable lessons from Equifax’s short-comings.

October 16, 2018

Does Your U.S. Company Pull Data From European Citizens? Fall In Line with GDPR by May 2018 to Avoid Substantial Fines By Jeffrey M. Dennis, Ivo G. Daniele

The European Union (“EU”) has enacted a strict, comprehensive framework of security regulations aimed to protect its citizens. These regulations, known as the General Data Protection Regulation (“GDPR”), provide a blueprint for a combination of required legal, technological and work habits within an organization. Although this is an EU regulation, the new laws will apply to any organization within or outside the EU that collects or processes data of EU citizens. Therefore, U.S. companies must analyze their data and processes to determine whether compliance with the GDPR is necessary. A quickly-approaching deadline of May 25, 2018 must be met to avoid massive fines.

November 15, 2017

Be Proactive Now: Commercial Construction Quickly Joining List of Industries Vulnerable to Cyber Attacks By Jeffrey M. Dennis, J. Nathan Owens

Commercial contractors have long faced their own unique business risks - labor and material shortages, delay claims, bonding issues, and defects in workmanship. But, in today’s ever-evolving cyber world, it is imperative that contractors understand they are vulnerable to risks beyond finishing a project on time and on budget. As we are seeing more and more each day, cyber threats impact all businesses, including the construction industry, and the failure to protect against these threats will cost your company millions in damages and reputational harm.

June 6, 2017

A Shift in the Financial Landscape for Law Firms By Jeffrey M. Dennis

Interesting round-table discussion in ABA's June issue of Law Practice Today.

June 18, 2015

CGL Policy vs. Builders Risk Policy: Choosing the Best Coverage By Jeffrey M. Dennis

When damages and/or injuries occur during the construction of commercial projects, contractual insurance policies are utilized to cover the damages, injuries and repairs. However, given the numerous and overlapping insurance policies in effect on any given commercial construction project, such as Commercial General Liability (CGL) and Builder’s Risk, the choice of which insurance policy to utilize is not always clear.

April 10, 2015

California Supreme Court Ruling Backs Developers By Jeffrey M. Dennis

The recent Crawford v. Weather Shield Mfr., Inc., ruling provides further support for builders forced to defend themselves in lawsuits arising out of trade contractor errors.

November 1, 2008

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