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.
Jerry P. Brodsky, Partner and Director of Peckar & Abramson’s Latin American Practice, has written the article, “COVID in the Americas – A Review of Impacts, Responses, Challenges for Construction Sectors,” for Daily Business Review/Law.com. Jerry discusses the similarities and differences between the impacts, responses, and challenges for construction in Latin America and the United […]
Robert S. Peckar and Denis Serkin have written “Dispute Resolution in Construction Projects,” a chapter for the 10th edition of The Law Reviews’ The Projects and Construction Review. Read the chapter here.
In our previous alert, we discussed the Federal Government’s Ban (the “Ban”) on certain Chinese covered telecommunications and video surveillance equipment and services in federal government contracts. The ban prohibits government contractors and subcontractors from supplying to the Federal Government or using in their own internal operations certain telecommunications or video surveillance equipment or services […]
In our previous alert, we discussed the expansion on the Section 889(a)(1)(B) ban on certain Chinese telecommunications equipment and services to contractors and subcontractors who use the equipment and services in their internal operations. Effective August 13, 2020, federal agencies were prohibited from procuring, obtaining, extending, or renewing a contract with a contractor that uses […]
New York, NY – August 20, 2020 – National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 51 of the firm’s attorneys, based in its New York, New Jersey, California, Florida, Texas and Washington, DC offices, have been selected by their peers for inclusion in Best Lawyers. 41 of these […]
Stefanie A. Salomon, an Associate in Peckar & Abramson’s Miami office, has been unanimously approved as a Board Member of Rebuilding Together Broward County. As a member of the Board, Stefanie will share her vision and collaborate with a dedicated and passionate group of individuals committed to the organization’s mission of bringing volunteers and communities […]
Later this week, the U.S. will take another step in protecting the federal government’s information and systems by restricting prime-contractors and subcontractors from using certain Chinese telecommunications equipment and services. These restrictions not only apply to those who provide the government with the equipment and services, but also apply to the internal systems used by […]
This article was written for the ConsensusDocs newsletter and first appeared here. Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the traditional division of duties between designers, builders, and owners. Among the most obvious of these alterations is the transfer of the designer’s […]
The potential uses of unmanned aircraft systems (UAS) in the construction industry continue to expand as new technologies enter the market and construction companies realize UAS can perform unique tasks at tremendous cost savings. The full technological capabilities of UAS are, however, limited by law for public safety reasons. UAS share airspace with traditional passenger, […]
The article, “Is the Construction Industry Ready? Hurricane Prep in the Midst of the Pandemic,” written by Melinda (“Mindy”) S. Gentile, Partner and P&A’s Diversity and Inclusion Chair, and Jerry P. Brodsky, Partner and Director of P&A’s Latin American Practice, was published in the Daily Business Review/Law.com and GlobeSt.com on July 22, 2020. Mindy and […]
The article “Representations and Certifications: Implementing Processes to Protect Executives and the Company,” written by Patrick J Greene, Jr., a Senior Partner with Peckar & Abramson, was published in Construction Executive on July 17, 2020. The article discusses policies and procedures that should be included as part of a comprehensive compliance program. As Patrick mentions, the […]
This article first appeared in Third Thursdays with the Construction Super Conference (CSC) on July 15, 2020 here. With the heat of summer raging and the global pandemic spiking in some regions of the U.S., effects on construction law are coming into focus. Third Thursday sat down with Patrick J. Greene, Esq., senior partner, Peckar […]
This article was written for the ConsensusDocs newsletter and first appeared here. Currently Available Workplace Protocols for Employers Employers seeking to minimize the risk of COVID-19 transmission in the workplace should consider from among the three currently available protocols: Written Questionnaires; Temperature Checks; and Viral or Diagnostic Testing. When implementing a screening or testing protocol, […]
Contractors performing work in Austin should be aware that the City of Austin (“City”) has recently approved an ordinance authorizing civil enforcement measures for worksites that fail to meet specific safety standards designed to prevent the transmission of COVID-19. Austin’s contractor community has been proactive in taking steps to make jobsites safe for their employees. […]
The Coronavirus (COVID-19) pandemic has adversely affected the way of life for billions of people seemingly overnight. From running everyday errands to its impact on the global economy, no aspect of humanity has been spared. While the potential impacts of the Coronavirus to the construction industry remain shrouded in ambiguity, what we do know is […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 25 attorneys have been named to the 2020 Super Lawyers® Lists in California, Florida, Illinois, New Jersey, Texas, and Washington, DC.* According to the publication, the lists are exclusive, recognizing no more than five percent of attorneys in each jurisdiction. The […]
The Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act was approved by the House Transportation and Infrastructure Committee on June 18, 2020 and is making its way up to Congress. The bill will create millions of jobs and provide substantial investment in the nation’s deteriorating highways, […]
Contractors doing business with the Federal Government, particularly with the Department of Defense (“DoD”), commonly handle sensitive information that is not intended to be disseminated. Controlled Unclassified Information (“CUI”) is one such type and is more specifically defined as “information that requires safeguarding or dissemination controls pursuant to and consistent with laws, regulations and government-wide […]
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 was also named in the first position in 2019, the inaugural year of the publication’s rankings. Published in CE’s June 2020 issue, the rankings feature […]
On June 3, 2020, the Metropolitan Transit Authority (“MTA”) published and implemented revised regulations pertaining to the debarment of contractors. The revised regulations address many of the deep concerns raised by the contracting community. Under relevant administrative procedure, the MTA publication of the revised regulations starts a 45 day notice period before the regulations can […]