We've Surveyed Video Conferencing Models to See Who Fits the CCPA Bill: Here's What We Found
August 10, 2020 —
Shaia Araghi & Kyle Janecek – Newmeyer DillionWorldwide closures as a result of COVID-19 have resulted in an extreme surge in video conferencing use. This spike in use has also resulted in increased concern about the privacy of these video conferencing applications, including a class action lawsuit against one of the applications: Zoom. Because of this, we took a deeper look into the privacy policies of six prominent video conferencing applications and created a chart showing each video conferencing application's compliance with the California Consumer Privacy Act. Reviewing these materials will provide an awareness of the deficiencies within the Privacy Policies, which can help you become more well-informed about your own rights, and more knowledgeable about any deficiencies in your own business' privacy policy. If these widely-used and widely-known companies can have deficiencies, it is an important way to re-examine and fix these issues in your own.
To determine this, we reviewed the CCPA's twenty requirements for compliance, including: (1) the existence of a privacy policy, (2) required disclosures of information regarding the existence of rights under the CCPA, (3) instructions on how to exercise rights, and (4) providing contact information.
Here are the top 5 discoveries from our review:
1)
No videoconferencing applications address authorized agents. This makes sense, as the treatment of authorized agents were just laid out in the recently finalized regulations. This is a reminder to businesses to utilize these regulations when setting up compliance measures to ensure there is no risk in missing out on requirements like this, which will still be required and enforced by the Attorney General.
2)
Three platforms (WebEx, Skype, and Teams) have separate tabs and pages detailing privacy policies, and don't necessarily have a single unified and simple policy. Because of the accessibility requirements, this means that the privacy policy may not be readily accessible on the business's website, and may open companies to arguments that the entirety of their policy is non-compliant if key portions are hidden or otherwise inaccessible. Therefore to eliminate this concern, keep your policy unified, simple and in one location for ease of viewing.
3)
None of the platforms address information relating to minors under the age of 16, which is notable as some of these platforms have been used for online education. The final regulations outline different treatment for minors from ages 13 to 16, and for minors under the age of 13. As a result, privacy policies focused on compliance with the Children's Online Privacy Protection Act (COPPA) may be insufficient as it only applies to those under 13 years old.
4)
While all of the platforms state that no sale of information occurs, two platforms (Zoom and GoToMeeting) go above and beyond to explain the right to opt-out of sales. This is especially great as the CCPA permits that no notice needs to be given if no sale occurs. By taking this extra step, Zoom and GoToMeeting explain to their users that they have additional rights, which may be necessary as these platforms are also used by other entities, which may collect or otherwise use information collected from a videoconference meeting.
5)
Only one platform (Wire) does not give instructions on how to delete information. The CCPA regulations still require that information regarding instructions on how to delete information be given. The lack of instructions does not relieve Wire from its obligations, and similarly situated businesses may find themselves in a position where they will have to comply with a consumer request, in any form, as the regulations require that a business either comply, or list the proper instructions on how to make the request.
Download the Full Breakdown
To learn more about our findings and how the video conferencing companies stacked up against the CCPA, visit: https://www.newmeyerdillion.com/ccpa-privacy-policy-compliance-videoconferencing-platforms/. We hope this serves as a reminder to everyone to read the privacy platforms for the services you use and update your company's privacy policies to comply with the most recent regulations, as none of these services are currently in complete compliance, and it is only a matter of time before enforcement begins.
Shaia Araghi is an associate in the firm's Privacy & Data Security practice, and supports the team in advising clients on cyber-related matters, including compliance and prevention that can protect their day-to-day operations. For more information on how Shaia can help, contact her at shaia.araghi@ndlf.com.
Kyle Janecek is an associate in the firm's Privacy & Data Security practice, and supports the team in advising clients on cyber related matters, including policies and procedures that can protect their day-to-day operations. For more information on how Kyle can help, contact him at kyle.janecek@ndlf.com.
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Two New Developments in Sanatoga, Pennsylvania
October 22, 2013 —
CDJ STAFFThe final touches are being put on two developments in Sanatoga, Pennsylvania. Southview, the larger of the two, comprises 35 single-family homes. Brookside comprises 16 single-family homes. During the next 18 months, the developers of the two communities will be responsible for the community improvements. If, after 18 months, these pass inspection, the township’s engineering firm will recommend that Sanatoga take responsibility for upkeep.
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Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion
July 23, 2014 —
Scott Patterson - CD CoverageIn J.B.D. Construction, Inc. v. Mid-Continent Casualty Co., * Fed.Appx. *, 2014 WL 3377690 (11th Cir. 2014), claimant property owner Sun City contracted with insured general contractor J.B.D. for the construction of a fitness center. The fitness center was to be physically connected to an existing Sun City building. J.B.D. utilized subcontractors for some of the work. Shortly after completion, leaks developed in the fitness center’s roof, windows and doors which J.B.D. attempted to fix. After Sun City refused to make the final contract payment, J.B.D. sued Sun City for contract amounts owed. Sun City counterclaimed for the construction defects, alleged damage to the fitness center and other property. J.B.D. tendered defense of the counterclaim to its CGL insurer Mid-Continent. After Mid-Continent failed to agree to defend, J.B.D. settled with Sun City, paying Sun City $182K. Following several demands from J.B.D. for reimbursement of defense costs and the settlement amount, Mid-Continent tendered the defense costs minus a deductible. J.B.D. then sued Mid-Continent for breach of duties to defend and indemnify. On cross motions for summary judgment, the federal district trial court entered judgment for Mid-Continent, finding no duties to defend or indemnify. On appeal, the Eleventh Circuit reversed on the duty to defend while affirming on the duty to indemnify. Applying Florida law, the court first held that the defective work, including the defective installation of the fitness center’s windows, doors, and roof, did not constitute “property damage.” Thus, the costs to repair or replace the defective work did not constitute damages because of “property damage.” The court next held that, while damage to other portions of the fitness center would constitute “property damage” caused by an “occurrence,” all such “property damage” fell within the “your work” exclusion.
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Scott Patterson, CD Coverage
Montana Supreme Court: Insurer Not Bound by Insured's Settlement
December 02, 2019 —
K. Alexandra Byrd - Saxe Doernberger & Vita, P.C.In Draggin’ Y Cattle Co., Inc. v. Junkermier, et al.1 the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer’s participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant, but the settlement will not be presumed reasonable as to the insurer. Therefore, an insurer who defends its insured cannot be bound by a stipulated settlement that the insurer did not expressly consent to.
The case involved Draggin’ Y Cattle Company (the “Cattle Company”), a ranching and cattle business that utilized the services of an accounting firm, Junkermier, Clark, Campanella, Stevens, P.C. (“Junkermier”), to structure the sale of real property to take advantage of favorable tax treatment. It was discovered that Junkermier’s employee misinformed the Cattle Company’s owners of the tax consequences of the sale. The Cattle Company’s owners subsequently filed suit against Junkermier and its employee and alleged nearly $12,000,000 in damages due to the error. Junkermier’s insurer, New York Marine, provided a defense for Junkermier and its employee.
The Cattle Company’s owners offered to settle the claims against Junkermier and its employee for $2,000,000, the policy limit of the New York Marine policy. New York Marine refused to give its consent or tender the policy’s limit. Subsequently, Junkermier, its employee, and the Cattle Company entered into their own settlement agreement for $10,000,000. The settlement was contingent upon a reasonableness hearing to approve the stipulated agreement.
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K. Alexandra Byrd, Saxe Doernberger & Vita, P.C.Ms. Byrd may be contacted by
kab@sdvlaw.com
Clean Energy and Conservation Collide in California Coastal Waters
March 19, 2024 —
Nadia Lopez & Josh Saul - BloombergTwo of President Joe Biden’s biggest priorities — conservation and the switch to clean energy — are colliding in the ocean off California’s quiet Central Coast.
Located halfway between San Francisco and Los Angeles, Morro Bay boasts a rich ecosystem of fish, otters and migrating whales that the Indigenous Chumash people want to protect with a
new marine sanctuary. But 20 miles (32 kilometers) out, developers plan some of the West Coast’s
first offshore wind farms, where 1,100-foot-tall turbines (335 meters) tethered to the seabed will help California cut its carbon emissions.
One US government agency appears poised to approve the sanctuary. Another
already leased 376 square miles of ocean for wind development, just outside the sanctuary’s boundaries. Now, a fight is brewing over whether the scenic bay itself should be left out of the sanctuary, to give undersea power cables from the wind farms a place to come onshore.
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Nadia Lopez, Bloomberg and
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Quick Note: Attorney’s Fees on Attorney’s Fees
June 13, 2022 —
David Adelstein - Florida Construction Legal UpdatesIn a recent
case, the appellate court held that the attorney’s fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney’s fees for litigating the amount of attorney’s fees. This is known as “fees on fees” which is when you can recover your prevailing party attorney’s fees when you are fighting over the quantum that should be awarded to you as the prevailing party.
The attorney’s fees provision at-issue stated:
“In any lawsuit to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover its reasonable court costs including attorney’s fees from the non-prevailing party.”
Language similar to this language can be found in many contracts as a prevailing party attorney’s fees provision.
However, this provision was NOT broad enough to recover “fees on fees.” As explained in
this article, if this is a consideration, you can negotiate or include this provision into your construction contract by expanding the scope of the prevailing party attorney’s fees provision to clarify that it entitles the prevailing party to recover attorney’s fees in litigating the amount of attorney’s fees.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Appraisal May Include Cause of Loss Issues
March 21, 2022 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021).
B&D commercial building was damaged by hail. B&D submitted a claim to Mid-Century, but the parties disagreed as to the damage. Mid-Century found there was hail damage to metal vents on the roof and estimated the repair costs to be $4,271.95. Mid-Century found no hail damage to the roof itself. B&D disagreed and insisted that there was additional damage to the property, specifically the roof.
B&D requested an appraisal, but Mid-Century denied the request. Mid-Century found that the condition of the roof was due to wear and tear and therefore constituted an excluded cause under the policy. B&D filed suit seeking a declaratory judgment compelling the parties to proceed with an appraisal.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Federal Arbitration Act Preempts Pennsylvania Payment Act
June 15, 2020 —
Wally Zimolong - Supplemental ConditionsI am back. It feels like an entirety since I last posted. But a hellacious trial schedule got me off the blogosphere for some time. Plus, there was nothing to write about.
But I am back with a bang thanks to a decision from the Eastern District of Pennsylvania concerning the interplay of a forum selection clause appearing in an arbitration clause in a construction contract and the Pennsylvania Contractor and Subcontractor Payment Act. In Bauguess Electrical Services, Inc. v. Hospitality Builders, Inc., the federal court (Judge Joyner) ruled that the federal arbitration act preempted the Payment Act’s prohibition on forum selection clauses and held that an arbitration must proceed in South Dakota even though the construction project were the work was performed was located in Pennsylvania.
The Payment Act applies to all commercial construction projects performed in Pennsylvania. As some you might know, Section 514 of the Payment Act, 73 P.S. 514, prohibits choice of law and forum selection clauses. It states “[m]aking a contract subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occur in another state, shall be unenforceable.” Therefore, if a construction contract is for a project located in Pennsylvania, Pennsylvania law must apply and all disputes must be adjudicated in Pennsylvania.
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com