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.
Peckar & Abramson, P.C. (P&A) is pleased to welcome the newest member of its growing Texas offices with the arrival of Stephen E. Irving, an accomplished labor and employment attorney with decades of experience in construction law. “With Stephen’s addition, P&A continues to expand the depth of our resources in Texas and across the country. […]
Consistent with a growing trend across the country, New York has joined with other States, including neighboring New Jersey, to broaden the scope of New York’s whistleblower statute that protects employees who report certain violations of law from employer retaliation. New York did so by amending New York Labor Law § 740 (“NYLL § 740”). […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that New York partner Charles E. Williams, III has been named a recipient of the Building Trades Employers’ Association (BTEA)’s 2021 MWBE Leadership Award. Building Trades Employers’ Association (BTEA) states the award, “recognizes leaders whose determination and guidance through the challenges of […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that the firm has earned 33 top National and Metropolitan rankings in U.S. News-Best Lawyers® “Best Law Firms” 2022 review. This is the 13th consecutive year that the firm has been ranked in the top tier for Construction Law nationally. “We are […]
The California Supreme Court recently issued two important decisions reinterpreting and limiting the historically broad application of California’s prevailing wage law: Mendoza v. Fonseca McElroy Griding Co. and Busker v. Wabtec Corp Compliance with California’s prevailing wage law on public works projects has always been challenging for contractors and subcontractors due to the broad language […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Neal Sklar has been appointed General Counsel and Chair of the Governance Committee on the Executive Board of Directors for the Latin Builders Association (LBA). The LBA states that it is “the largest Hispanic construction association in the United States.” Neal’s two-year […]
The last eighteen months have brought tumultuous change for employers due to the COVID-19 pandemic. The pandemic has been a great disruptor, and has brought rules, regulations and related agency guidance that have served to overwhelm even the most conscientious and attentive employer. The welcomed arrival of COVID-19 vaccines has, in many respects, caused many […]
National Construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Bruce D. Meller, partner in the firm’s New Jersey office, and Nathan A. Cohen, partner in P&A’s Los Angeles office, have been awarded 2021 Lexology Client Choice Awards in the area of Construction. This is the second consecutive year that the […]
New York Partner Christopher B. Kinzel authored, “Liquidated Damages: Six Points Contractors Should Understand,” which appeared on ConstructionExec.com on October 6, 2021. Christopher’s article serves as a practical and important guide on how to manage and leverage liquidated damages. He states, “It is important to understand the basic definition of a legally enforceable liquidated damages […]
National law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 18 firm attorneys have been named to the 2021 New York Super Lawyers® and Rising Stars lists. According to the publication, the lists are exclusive, recognizing no more than five percent of attorneys in each jurisdiction as Super Lawyers and no more […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Founding Partner, Robert S. (“Bob”) Peckar was selected by Women Builders Council (WBC) as a 2021 We for She Inspiration Award recipient. Melissa Salsano, Senior Counsel in the firm’s New York office, also received WBC’s Next Generation of Women Builders Award. […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 11 attorneys have been named to the 2021 Texas Super Lawyers® and Rising Stars lists. According to the publication, the lists are “exclusive, recognizing no more than five percent of attorneys in each jurisdiction as Super Lawyers and no more than […]
Peckar & Abramson, P.C. (P&A) is pleased to announce the opening of its newest location in Boston, Massachusetts, and the arrival of accomplished construction and commercial litigation partners, Richard E. Briansky and Amy B. Hackett, to the firm. “For nearly 44 years, P&A has provided industry leading legal services to construction clients across the United […]
Partners Levi W. Barrett (New York), Nathan A. Cohen (Los Angeles), and Stewart Shurtleff (Dallas) co-authored “Selecting the right delivery method for the job”, which appeared in Construction Dive on August 30, 2021. Just as our capacity to build has evolved over time, so too have the methods of project delivery. From Design-Bid-Build to CM-at-Risk […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Jerry P. Brodsky, Partner and Director of the firm’s Latin American Practice, has been elected Chair of the International Division (Division 8) of the American Bar Association’s (ABA) Forum on Construction Law. Jerry’s two-year term begins September 1, 2021. Jerry will […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 56 of the firm’s attorneys, based in its New York, New Jersey, California, Florida, Texas and Washington, DC offices, have been recognized by Best Lawyers. 41 of these attorneys were named to the 2022 The Best Lawyers in America© list while […]
Robert S. Peckar and Denis Serkin have written “Dispute Resolution in Construction Projects,” a chapter for the 11th edition of The Law Reviews’ The Projects and Construction Review. Bob and Denis discuss dispute resolution in the construction process, including construction disputes in domestic and international projects, solving problems at the project level, and the role […]
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 […]