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.
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 […]
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 […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 11 attorneys have been named to the 2020 Texas 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 from the Houston, Dallas, and Austin […]
Michael C. Zisa, a partner with the national construction law firm Peckar & Abramson, P.C. (P&A), has been selected as a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA describes itself as is an invitation-only international honorary association with membership limited to 1,200 practicing Fellows focusing in construction law and related fields. […]
National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that three firm partners have been selected by the New Jersey Law Journal (NJLJ) among its annual Professional Excellence Awards honorees. Co-Founding Partner Robert (“Bob”) S. Peckar was named a Lifetime Achievement award winner, recognized for the indelible mark he has made […]
Attorneys Adrian L. Bastianelli, III, Paulo Flores, Kevin O’Connor, and Robert S. Peckar have written “Is It Live…Or Is It Virtual?,” an article for the summer edition of Best Lawyers Magazine. They discuss in detail how best to make virtual mediation work and offer some thoughts on whether it’s here to stay. Read the full […]
Attorneys Anne-Solenne Rolland and Freddy X. Muñoz, and Paralegal Katherine Gonzalez have written the article, “Lessons Learned From One of Miami’s First Zoom Bench Trials,” for Daily Business Review/Law.com. They discuss their experience after undertaking one of the first virtual week-long bench trials in Miami-Dade County in June and the valuable lessons they learned in […]
Richard R. Volack, Chair of Peckar & Abramson’s Cyber Security & Data Privacy Practice, has written “Grappling With Viruses on Multiple Fronts: Ongoing Cyber Risk Management in the Age of COVID-19,” an article for Construction Executive. Richard discusses the preventative measures that construction executives should take to keep the company and its computer systems safe […]
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 […]