The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018
January 02, 2019 —
Richard H. Glucksman, Esq., David A. Napper, Esq., & Lana Halavi – Chapman Glucksman Dean Roeb & BargerIntroduction
Data breaches and social media hacks are becoming increasingly common stories on the news cycle. Meanwhile, companies have made fortunes on unsuspecting individuals by selling information gathered on the user. Every internet user has wondered why a pop-up ad or banner on an unrelated website relates to something you purchased or searched for "that one time. The California legislature has decided to return some power back to the people with the California Consumer Privacy Act of 2018. California is the first state to introduce privacy protection for individuals personal data and could pave the way for other states to follow suit in the near future.
The California Consumer Privacy Act of 2018
On June 28, 2018, California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 ("the Act"). The California Legislature eagerly passed the Act, which comes into effect on January 1, 2020, granting broad new privacy rights to "consumers" and enforcing requirements on the protection of their personal data allowing consumers the right to take back control of their personal information.
A "consumer" is defined as a "resident of California as defined by California's personal income tax regulations. "Personal information" pursuant to the Act is defined as "information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household." Personal information is generally recognized in California as information that can identify a specific individual. The Act also includes information that can be used to identify a household.
Provisions of the Act
Pursuant to the Act, consumers are given the right to know upon request if their personal information is disclosed, and to whom it is disclosed, the right to know what personal information has been collected about them by a business, the right to object to the sale of their personal information, the right to obtain data collected about them, the right to require businesses to obliterate their personal information, and the right to be given equal service and pricing from businesses, including equal prices and quality of goods or services. The Act forbids discrimination by businesses against consumers for exercising their privacy rights pursuant to the Act.
Businesses are, however, permitted to charge different prices or provide different quality of service to consumers if the difference is "reasonably related to the value provided to the consumer by the consumer’s data." Additionally, businesses must allow consumers to exercise their rights by providing to consumers toll-free telephone numbers and/or websites to request such information or privacy. If a consumer sends a verified request for information to a business, the business subsequently has 45 days to give the consumer the requested information from the preceding 12 months with no charge to the consumer.
Who Must Comply with the Act
The Act will apply to for-profit businesses that do business in the State of California, deal with personal information of California residents, and either·(1) have more than $25 million in annual gross revenues, or (2) receive or disclose more than 50,000 California residents' personal information, or(3) derive 50% or greater of California residents' annual revenues from selling their personal information.
Who is Exempted from Compliance with the Act
A for-profit company, a small company, and/or a company that does not derive large amounts of personal information and does not share a brand with an affiliate covered by the Act is exempted from complying with the Act. Additionally, a company is exempted from compliance with the Act "if every aspect of . . . commercial conduct takes place wholly outside of California," meaning: (1) the personal information was collected from the consumer while they were outside California, (2) no sale of their personal information took place in California, and (3) there was no sale of personal information that was collected while the consumer was in California.
Impact
According to 2017 estimates, California's population totaled approximately 39 million people. Clearly the Act will affect an incredibly large amount of people considering it concerns the most populous state in America. The California Consumer Privacy Act of 2018, which is being compared to the EU General Data Protection Regulation for its all-encompassing method and resilient privacy protections is also speculated to have an impact on businesses throughout the nation and around the world. While the costs will likely go up for companies to do business in California, the transparency and trust earned by business and gained by consumers in this new landscape could potential overcome the initial costs to provide these required services. Perhaps most importantly however, is if California consumers decide to take advantage of the new protections, they will no longer have to wonder what for-profit businesses are doing with their data.
Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys
Richard H. Glucksman,
David A. Napper and
Lana Halavi
Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com
Mr. Napper may be contacted at dnapper@cgdrblaw.com
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Top 10 OSHA Violations For The Construction Industry In 2023
February 26, 2024 —
Dominic Donato & Jeff Miragliotta - Kahana FeldEvery year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023:
(10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees.
(9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions.
(8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding.
Reprinted courtesy of
Dominic Donato, Kahana Feld and
Jeff Miragliotta, Kahana Feld
Mr. Donato may be contacted at ddonato@kahanafeld.com
Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com
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Meet Daniel Hall, Assistant Professor at TU Delft
January 17, 2023 —
Aarni Heiskanen - AEC BusinessWe sat down with
Daniel M. Hall, an assistant professor at
TU Delft, to discuss ways of achieving circularity in the built environment. Daniel will be a keynote speaker at WDBE in September 2023, where he’ll talk more about future circular cities.
Daniel is internationally known for his research on construction management and construction informatics. He did his Ph.D. at Stanford and worked for almost five years as an Assistant Professor of Innovative and Industrial Construction at ETH Zurich. In September 2022, he moved to the Netherlands.
The Delft University of Technology, Daniel’s new home base, strongly emphasizes the circular economy and circularity and has a long history of excellent teaching and research. It provides an inspiring environment for innovating the future.
Why we need to improve circularity in cities
“We cannot keep building the way we’ve been building. We don’t have enough resources; we don’t have enough materials,” Daniel asserts. “Obviously, we have questions around carbon impact. Around 40 percent of all CO2 emissions come from a combination of building operations and building materials.”
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
What to do When the Worst Happens: Responding to a Cybersecurity Breach
November 21, 2018 —
Scott L. Satkin & J. Kyle Janecek – Newmeyer Dillion LLPCybersecurity is a growing concern for today's businesses. While it's always advisable to take whatever action possible to avoid a cybersecurity breach, no security measures can be one hundred percent perfect, and malicious actors are always innovating and trying to find new security flaws. The implementation of new technology brings with it new opportunities, but also potentially new vulnerabilities. And hackers have one major advantage – those working to defend against cyber-attacks have to try to find and fix every potential exploit, whereas those on the other side only need to find one. As demonstrated by recent high-profile breaches at Google and Facebook, even massive tech companies with access to vast financial resources and top engineering talent can still fall prey to cyber-attacks. Therefore, understanding how to respond to a breach is just as critical to a company's cybersecurity plan as attempting to prevent one. Below are a few solid tips on how to react when an organization's cybersecurity has been compromised.
Plan in Advance
The best response to a cybersecurity breach begins before the breach ever happens. A written incident response plan is of paramount importance. In the immediate aftermath of a cybersecurity breach, people will be scared and stressed. In those circumstances, they will be more likely to be able to respond effectively if there is a plan laid out for them and they have received training on how to follow that plan. Make sure that employees are trained on the parts of the plan that are relevant to them. Most may only need to know who to report to if they suspect a breach may have occurred, while those who will be involved in the breach response will need more in-depth training. The plan should also be updated regularly to account for staffing changes, new technology, and the evolving legal landscape. The law may also require a plan for responding to cybersecurity breaches, depending on the jurisdiction.
Call Your Lawyer- Early and Often
At the risk of sounding self-aggrandizing, attorneys are critical in responding to a cybersecurity breach. The most obvious reason is to advise clients on their legal obligations and potential liability – and this is indeed an important function. The patchwork of federal and state regulations governing cybersecurity is something laypeople – and even non-specialized attorneys – should navigate with caution. Of equal importance is the preservation of confidential communication under the attorney-client privilege. The presence of an attorney helps to improve the security of information surrounding the response to the breach because correspondence with that attorney is privileged, allowing candid evaluation of the breach. The ability to assert attorney-client privilege regarding an internal investigation and response can be quite useful in the event of a later external investigation or litigation.
To Disclose or Not to Disclose?
An important question that needs to be asked in the wake of a cybersecurity breach is whether the incident must be disclosed, and if so, when, how, and to whom should such disclosures be made? While many understandably wish that their mistakes and failures will never see the light of day, there are also many people who will want to know when a company's cybersecurity has been breached. Shareholders want to know – and may have a right to know – if such a breach has harmed the business. Consumers want to know if their personal information has been compromised so that they can protect against identity theft. Furthermore, state breach notification laws may mandate certain disclosures to consumers depending on facts surrounding the breach. Legal requirements from states, the federal government, and even foreign entities may also require companies to provide notices to one or more regulatory agencies.
An attorney can advise on whether a company is legally required to provide any notice in the aftermath of a data breach, but even though notice may not be a legal requirement in a particular set of circumstances, it may still be prudent to give it anyway. Google decided not to disclose the recent breach of data from its Google+ service to avoid a PR and regulatory backlash, but the fact that it had happened eventually leaked out anyway. Even though legal experts have opined in the aftermath that Google likely was not obligated to disclose the breach, the fact that it did not caused exactly what Google attempted to avoid, but with magnified effect. "Google Experiences Consumer Data Breach" may not have been a good headline, but "Google Hides Consumer Data Breach" was a worse one.
Remember: Protection Is Key
No company wants a cybersecurity breach, but past experience has increasingly demonstrated that this is not a question of "if" but rather one of "when" and "how bad." Planning ahead and knowing what to do when a data breach does happen can ensure that an organization bounces back from a breach as smoothly and painlessly as possible.
Scott Satkin and Kyle Janecek are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at scott.satkin@ndlf.com and Kyle at kyle.jancecek@ndlf.com.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of cybersecurity, business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America© and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com.
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Building Permits Hit Five-Year High
October 01, 2013 —
CDJ STAFFThe New York Times reports that building permits in August were at their highest since May 2008, even despite a recent rise in mortgage rates. Construction starts on single-family homes were at their highest in six months as well. On the other hand, construction starts for condominiums and apartments fell slightly more than 11 percent.
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Palo Alto Considers Fines for Stalled Construction Projects
November 20, 2013 —
CDJ STAFFThe city of Palo Alto, California is considering adopting a law that would fine residents with expired building permits. The City Council took up the issue in response to complaints from residents about stalled construction projects in their neighborhoods.
In the public testimony, one resident noted that a site near her home was fenced off in 2007, with the home demolished in 2008, after which nothing has happened. The City Council is proposing fines of $200 per day, after a 30-day grace period, increasing to $400 per day two months after that, going to $800 per day on the 121st day.
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Chambers USA 2019 Ranks White and Williams as a Leading Law Firm
June 03, 2019 —
David Marion, Patricia Santelle & Maulin Vidwans - White and Williams LLPChambers USA once again recognized White and Williams as a leading law firm in Pennsylvania for achievements and client service in the area of insurance law. In addition, three lawyers received individual honors - one for her work in insurance, one for his work in commercial litigation and another for his work in banking and finance.
White and Williams is acknowledged for its renowned practice offering expert representation to insurers and reinsurers across an impressive range of areas including coverage, bad faith litigation and excess liability. The firm is recognized for its notable strength in transactional and regulatory matters complemented by its adroit handling of complex alternative dispute resolutions. Chambers also acknowledged the firm's broad trial capabilities, including handling data privacy, professional liability and toxic tort coverage claims, and experience in substantial claims arising from bodily injury and wrongful death suits.
White and Williams' individual lawyer honorees include Managing Partner Patti Santelle, who is named an Eminent Practitioner in the area of insurance. Patti's considerable experience advising insurers on a broad range of coverage matters, including asbestos, environmental and toxic tort cases, coupled with her proficiency in coverage actions at the state and federal level earn her a well-regarded reputation as an "excellent lawyer."
Reprinted courtesy of White and Williams LLP attorneys
David Marion,
Patricia Santelle and
Maulin Vidwans
Mr. Marion may be contacted at mariond@whiteandwilliams.com
Ms. Santelle may be contacted at santellep@whiteandwilliams.com
Mr. Vidwans may be contacted at vidwansm@whiteandwilliams.com
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Supreme Court Eliminates Judicial 'Chevron' Deference to Federal Agency Statutory Interpretations
July 31, 2024 —
Jane C. Luxton - Lewis BrisboisWashington, D.C. (July 1, 2024) – In a much-anticipated decision, on June 28, 2024, the Supreme Court issued a sweeping opinion “overrul[ing]” a 40-year old precedent that required judges to defer to federal agency interpretations of their governing statutes when those laws were ambiguous or silent. Loper Bright Enterprises v. Raimondo, et al. No. 22-451 (2024), overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
The decision means that courts will no longer give special weight to an agency’s view of the scope of its regulatory powers but must apply independent judgment in deciding “whether an agency has acted within its statutory authority.” Loper Bright, slip op. at 35. Taking pains to explain that the new ruling would not allow for reversals of cases previously decided under the Chevron doctrine, the Court left no doubt that, in the words of Justice Neil Gorsuch, “[t]oday, the Court places a tombstone on Chevron no one can miss.” Id., Gorsuch Concurring Opinion at 1.
Writing for a 6-2 majority, Chief Justice Roberts forcefully condemned the Chevron-based principle that courts should defer to a federal agency’s interpretation of the scope of its legal authority, rejecting the concept that agencies have any special expertise in statutory interpretation, a field reserved to the courts, not the executive branch, under Article III of the Constitution and the Administrative Procedure Act, 5 U.S.C. § 551 et seq.
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Jane C. Luxton, Lewis BrisboisMs. Luxton may be contacted at
Jane.Luxton@lewisbrisbois.com
