Peckar & Abramson represents its clients – including General Contractors, Construction Managers and others across the Construction Industry as well as clients from all business disciplines – as they face the daily challenges presented by the complexities of Cyber Security, Information Integrity, and Data Privacy. Whether preparing policies and procedures or responding to an incident, P&A’s seasoned advisors provide guidance based on our deep understanding of our clients’ business and the legal issues concerning cyber security and data privacy, the technologies employed by construction businesses, and the importance of maintaining privacy and security to our clients’ daily and long-term operations. Before an incident ever occurs, in response to a breach, or in the aftermath, we help our clients move forward and get back to business.
Lawyers in P&A’s Cyber Security and Data Privacy practice continuously monitor and advise our clients on existing and developing data privacy laws in the U.S. and abroad. We leverage our strategic relationships with technology forensics firms, as well as insurers providing cyber insurance coverage, often advising clients and collaborating with these firms when obtaining and revising insurance coverage. We engage with top-tier forensics firms whenever necessary to facilitate incident investigations and response, maintaining the attorney-client privilege throughout the entire process.
P&A’s understanding of the construction industry – including a deep and thorough comprehension of nearly all technologies commonly used across our clients’ businesses – enables P&A to efficiently solve problems, even before our clients ever encounter an event. We work with some of the largest builders in the industry to swiftly create pre-event compliance and post-event procedural policies, provide training, and create incident response plans. When events do occur, we are engaged in incident investigations, and, when necessary, litigation that follows significant breaches and other events.
Policies & Procedures – Development, Implementation and Training. Peckar & Abramson attorneys create client- and industry-specific Cyber Security and Data Privacy policies and procedures, develop and present training modules for our clients’ staff, and conduct specific training for client field personnel to reduce the risk of clients exposing their firms and personnel to various viruses and malware.
Breach Coaching and Crisis Advisory Services. P&A attorneys counsel clients during and following a breach event, and provide crisis management advice and assistance with crisis communications, both internally across an organization, and, when necessary, externally. We have provided direction to our clients’ senior leadership following significant events, which has helped to avoid or mitigate potential (and costly) litigation and enabled our clients to avoid unnecessary public scrutiny.
Regulatory Response. Cyber Security, Information Integrity, and Data Privacy are the subject of comprehensive laws and regulations on the federal, state, and local levels as well as internationally. Cyber security matters are a matter of increased civil – and even criminal – regulatory initiative and focus in the U.S. and around the world. P&A attorneys are expert in advising clients in advance of any incident on adopting policies and procedures specifically tailored to the client to address this regulatory environment. Moreover, following a breach or other event, P&A works with our clients to mitigate their exposure and facilitate reporting to, and/or cooperating with, regulatory agencies, as required and/or advisable.
Contracts/Federal Government Contracts. P&A’s Contracts, Project Documentation and Risk Management attorneys, along with our Government Contracts team, are adept at ensuring our clients are protected as they engage with public and private owners and subcontractors in projects and are able to advise clients concerning liability related to the Internet of Things (IoT) in connection with buildings, infrastructure, and systems that are increasingly vulnerable to attack.
Litigation. P&A represents our clients on all matters in a fashion dedicated to minimize the risk of potential and costly litigation, and Cyber Security, Information Integrity, and Data Privacy issues are no exception. P&A attorneys approach cyber security concerns of clients with the need to protect the client from any litigation concerns proactively considered. And, should any litigation concern become a reality confronting the client, P&A is prepared to handle any litigation matter arising out of any incident or breach.
Securities Litigation and Class Actions. Working alongside P&A’s White Collar Criminal Defense, Complex Civil Litigation, and Regulatory Risk Management Practices, P&A is well-positioned to respond to any securities litigation (public or private) and/or class action litigation that could arise from a security event or breach.
We proactively work with our general contractor, construction manager and other clients to put in place policies, procedures, training programs, and insurance to help them better prepare for, and manage, a cyber security attack.
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Partner Charles E. Williams, III, has been named to City & State New York’s MWBE Power 50 list. According to City & State New York, the MWBE Power 50 list “recognizes the most influential individuals involved in government contracting for firms […]
This article was written for the ConsensusDocs newsletter and first appeared here. When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance to general contractors. Were contractors required to bid on projects without any information on pre-existing conditions, they would need either to be […]
Peckar & Abramson founding partner Robert S. Peckar and partner Michael S. Zicherman served as contributing editors of Lexology‘s Getting the Deal Through – Construction 2022, which provides members of the construction industry and construction related legal and business providers with special insight into key industry issues in 22 jurisdictions worldwide. They also co-authored the […]
Freddy Munoz, senior counsel in Peckar & Abramson’s Miami office, and associate Brett Moritz have written “Soaring Construction Material Prices: Tips for Reducing Ever-Increasing Costs”, an article for the Daily Business Review/Law.com. In the article, Freddy and Ben discuss the rising prices of construction materials as a result of the onset of the COVID-19 pandemic […]
Jonathan Miles, senior counsel in Peckar & Abramson’s Houston office, has written “Freedom of Contract and Its Limits: Selected Issues for the Construction Industry,” an article for the Construction Law Journal, the official publication of the Construction Law Section of the State Bar of Texas. Jonathan discusses freedom of contract, which has deep roots in […]
Matthew Moore, co-managing partner of Peckar & Abramson’s Texas offices, and Senior Associate Lee Banta, have written “The Force Majeure Doctrine and Standard Construction Form Contract Provisions: Revisiting an Old Contract Provision During These New Uncertain Times,” an article for the Construction Law Journal, the official publication of the Construction Law Section of the State […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce The Legal 500 United States has once again ranked P&A as a Tier One Firm in Construction Law. The publication named Co-Founding Partner Robert S. Peckar to the “Hall of Fame”, and Washington, DC Managing Partner Michael A. Branca and Partner Ronald […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that four attorneys have been named to the 2021 Florida Super Lawyers® list. According to the publication, the list is exclusive, recognizing no more than five percent of attorneys in each jurisdiction. The following P&A attorneys were named to the Florida Super […]
Michael A. Branca, managing partner of Peckar & Abramson’s Washington, DC office, was quoted in Construction Dive‘s article, “The Dotted Line: What contractors need to know about disagreements on public jobs,” published on June 29, 2021. Mike discusses changes orders in the article which focuses on disagreements on public construction jobs. He says, “There’s a […]
Levi W. Barrett, chair of Peckar & Abramson’s Contracts, Project Documentation and Risk Management practice, was quoted in Construction Executive‘s article, “The Top 50 Construction Law Firms™: Forging a Contract for a COVID-Exit World.” Levi comments how he has witnessed an increase in attempts to shift design responsibilities to the contractor. He said, “Contractors have […]
This article was written for the ConsensusDocs newsletter and first appeared here. As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become […]
Craig A Landy, a partner in Peckar & Abramson’s New York office, has written, “Liquidated Damages in Construction Contracts: An ‘Exclusive Remedy’ for Delays in NY?” an article for the New York Law Journal. Craig discusses how careful attention must be paid to the development and drafting of liquidated damages provisions in operating under New […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Nicholas J. Zaita has joined the firm’s New Jersey office as Partner. In addition, K. Greer Kuras and Anthony Melon have joined the firm’s New York office as Associates, and Kellie Ros has joined the firm’s Houston, Texas office as an […]
If New York State Governor Andrew Cuomo decides to sign the current version of this bill, S2766-C, into law, the law will take effect within 120 days and it will make all contractors on private projects strictly liable for unpaid wage claims (including benefits) by employees of subcontractors at every tier. The new law would […]
Kim Altsuler, a partner in Peckar & Abramson’s Houston office, and Gregory H. Chertoff, co-managing partner of the firm’s New York office, have co-authored the article, “Mold—It’s Still Growing! Understanding, Preventing and Responding to Mold in Construction and Renovation” with Chip D’Angelo and Chris Spicer of Gallagher Bassett. The article, written for Construction Executive, discusses […]
Kevin J. O’Connor, Chair of Peckar & Abramson’s Labor and Employment practice, and Associate Lauren Rayner Davis, were quoted in a sidebar in Construction Executive‘s article, “The Top 50 Construction Law Firms™: Forging a Contract for a COVID-Exit World.” The sidebar discusses the question, “Can Contractors Mandate Employers to Provide Proof of Vaccination Against COVID-19?” […]
Melissa Salsano, Senior Counsel in Peckar & Abramson’s New York office, and Steven M. Charney, Chair of the firm, have written “It’s a New World in 2021 – The Ongoing Rebalancing of Efficiencies, Risk Management and Dispute Resolution,” an article featured in Construction Executive (CE)’s “The Top 50 Construction Law Firms™” issue, in which Peckar & […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Melinda (“Mindy”) S. Gentile, Partner and Chair of the firm’s Diversity & Inclusion Committee, has been shortlisted for Outstanding Contribution at the Chambers Diversity & Inclusion Awards: North America 2021. According to Chambers, the awards “celebrate the fantastic achievements of firms […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that it has been ranked first among Construction Executive (CE)’s “The Top 50 Construction Law Firms™.” P&A has been named in the first position since 2019, the inaugural year of the publication’s rankings. According to CE, to determine the 2021 ranking, the publication invited […]
Freddy Muñoz, Senior Counsel in Peckar & Abramson’s Miami office, was quoted in the Daily Business Review/Law.com article, “Will Zoom Glitches Open the Door for New Deposition Technology for Litigators?” published on June 2, 2021. Freddy discusses the difference between being face-to-face and remote with witnesses, judges and jury. He also discusses how he believes […]