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.
Lori Ann Lange, partner and co-chair of Peckar & Abramson’s Government Contracting & Infrastructure practice, has written “Shaking Hands With Uncle Sam: What to Know When Working With the Government,” an article for Best Lawyers. She discusses how “the key to success for any contractor is to educate itself about how to operate within the […]
Florida Board Certified construction law attorney Jerry P. Brodsky, a partner with national construction law firm Peckar & Abramson P.C. and Director of the firm’s Latin American Practice, has been appointed to The Dispute Resolution Board Foundation’s (DRBF) Region 4 Interim Board of Directors for Latin America. According to the DRBF, the non-profit organization is […]
Law360‘s recent article, “Peckar & Abramson Forms International Construction Alliance” discuses Peckar & Abramson’s recent announcement that the firm has created the international construction law alliance, Leading Construction Lawyers (LCL) along with the preeminent construction law practices at the French law firm Altana, the German law firm Breyer Rechtsanwälte, and the consulting and dispute resolution firm PS Consulting, […]
Under the banner Leading Construction Lawyers (LCL), an international construction law alliance has been formed by the preeminent construction law practices at the United States law firm Peckar & Abramson, PC, French law firm Altana, the German law firm Breyer Rechtsanwälte, and the consulting and dispute resolution firm PS Consulting, based in Paris. The newly […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that seven attorneys have been named Bergen County’s Top Lawyers for 2020 by Bergen Magazine. According to the publication, attorneys named to this list have received the highest vote totals within their specialty area based on peer-reviews from hundreds of practicing and active […]
Peckar & Abramson, PC (P&A) is pleased to announce that Christopher M. Bletsch of the firm’s New York office has been promoted to Partner. P&A also announces the promotion of the following attorneys to Senior Counsel and Senior Associate: Senior Counsel Angela A. L. Connor (Houston) Freddy X. Muñoz (Miami) Patrick Murray (New Jersey) Melissa […]
Lori Ann Lange, partner and co-chair of Peckar & Abramson’s Government Contracting & Infrastructure practice, has written “A Need to Know: New Cybersecurity Requirements for Defense Contractors,” an article for Construction Executive. The article discusses the new cybersecurity requirements that construction contractors working on DoD projects must adhere to. Read the full article here.
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Paul Monte was named to the 2020 Super Lawyers list of Top 100 New York Metro attorneys, making Paul only one of two construction attorneys on the prestigious list. He was also named to the list last year. “It’s a pleasure […]
This article was written for the ConsensusDocs newsletter and first appeared here. Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. […]
It was not long after the first pharmaceutical company announced a successful Phase 3 trial of a COVID-19 vaccine that questions began to be asked by employers about whether, and under what circumstances, an employer could mandate that employees receive a COVID-19 vaccine as a condition of employment. While it is presently legal for an […]
Robert S, Peckar, a founding partner of Peckar & Abramson, and Crystal T. Dang, an associate in the firm’s Houston office, have written “Natural Disasters’ Impact on Construction in the United States,” an article for Construction Executive. The article provides guidelines in anticipation of disasters, for reviewing the impact of a disaster as it is […]
JD Holzheauser, a senior associate in Peckar & Abramson’s Houston office, has written “Documenting Contract Changes in Construction” an article for Construction Executive. The article provides advice on actions a contractor can take during construction that will help them recover time or money when a contract’s schedule or scope of work needs to be changed. […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that nine attorneys have been named 2020 WWL Thought Leaders – Construction by Who’s Who Legal. These attorneys are recognized for having obtained the largest number of nominations from peers, corporate counsel and other market sources in WWL’s most recent research cycle, with many having […]
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) issued new regulatory guidance to clarify employer reporting requirements of COVID-19 related work incidents that lead to either an employee fatality or hospitalization. The reporting requirement for fatalities from a work-related COVID-19 infection is triggered when an employee dies within 30 days of being […]
Michael C. Zisa, Chair of Peckar & Abramson’s Surety and Construction Related Insurance Defense practice, has written “Subcontractor Failure to Pay Employee Wages Could Fall on General Contractors,” an article for Construction Executive. The article discusses how general contractors must realize the risk of being held liable for a subcontractor’s failure to pay timely and […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that the firm has been named 2021 “Law Firm of the Year” in Litigation – Construction by U.S. News – Best Lawyers “Best Law Firms.” U.S. News – Best Lawyers states that only one law firm per nationally-ranked area of practice is […]
This article was written for the ConsensusDocs newsletter and first appeared here. This year has been one for the record books, to say the least. Not only has the pandemic disrupted businesses around the globe and certain construction projects, but we have seen a record-breaking year for wildfires throughout the United States and the hurricanes […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 21 attorneys have been named to the 2020 New York Super Lawyers® List. According to the publication the list is exclusive, recognizing no more than five percent of attorneys in each jurisdiction as Super Lawyers and no more than 2.5 percent […]
New Jersey employers make note: A recently enacted amendment to the New Jersey Workers’ Compensation Act entitles “essential employees”—including construction and many other types of private sector workers—who contract COVID-19 to the presumption that their illness is work-related. Significantly, this amendment is retroactive to March 9, 2020, the date of the initial pandemic state of […]
This article was written for the ConsensusDocs newsletter and first appeared here. The emergence of COVID-19 has created a new set of challenges in the already complex world of negotiating construction contracts. In the pre-COVID-19 era, general contractors, construction managers and those negotiating on their behalf, needed to balance a variety of fairly well-established legal […]