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.
COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs. Presentation date March 30, 2020 (Presentation Slides)
COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing. Presentation date March 26, 2020 (Presentation Slides)
The Coronavirus (COVID-19) pandemic has, or likely will have, negative economic consequences for many, including companies facing significantly reduced cash flow and unprecedented liquidity concerns as they attempt to meet obligations like payroll. Companies may need to utilize their credit facilities for working capital. While the access to credit facilities is critically important, the negative […]
When an employer is sued for employment discrimination and is facing trial, one common evidentiary fight is whether the employer will be permitted to introduce evidence of other claims of discrimination or harassment that the plaintiff has made against former or subsequent employers. Taking discovery from a plaintiff concerning other claims is essential, and it […]
Employers nationwide are struggling to cope with the developing situation regarding COVID-19. OSHA and the CDC have issued preliminary guidance for employers and workplaces in coping with the instant epidemic. OSHA’s complete guidance on preparing workplaces for COVID-19 is available HERE. The CDC’s interim guidance for businesses and employers is available HERE. In this alert, […]
Warren Friedman‘s article, “Here’s Some Guidance for Construction Contractors About Mitigating Coronavirus Risks,” was published in the Daily Business Review/Law.com on March 27, 2020. As work on some construction projects in South Florida has been suspended, it is likely more suspensions will follow. Friedman discusses what contractors can do to avoid losses due to the […]
In a time when multiple new regulations and guidance from the Federal Government, as well as Executive Orders from states and counties abound, one new piece of federal legislation – the Families First Coronavirus Response Act (the “Act”) – deserves attention from every industry. Signed into law on March 18, 2020, the Act – which […]
The Coronavirus (COVID-19) is impacting the construction industry in both the public and private sectors. A recent Associated General Contractors online survey revealed that more than a quarter of the respondents have already been directed to halt or delay work on a project. See Associated General Contractors, Data Digest, Vol. 20, No. 11, March 23, […]
This memorandum provides the background guidance, a summary action-plan, and an appendix with resources from the CDC, OSHA, and the EEOC. For more specific local information, please be guided by information being issued by your local public health offcials and state and local authorities. Laws and guidance are evolving rapidly and may be subject to […]
Right now, your construction projects may be in a state of uncertainty and flux as a result of the COVID-19 outbreak, but in the future, you may need to be specific about added costs and time lost to secure time extensions and recoveries. Action now may be enormously helpful in the future. Many contractors are […]
Gary Stein was quoted in an article titled, “South Florida Builders Active, But Pipeline Stalls Amid Coronavirus”, which appeared in the Daily Business Review/Law.com on March 19, 2020. Stein was quoted a number of times throughout the piece, stating “In the construction industry, time is money. So if there is a suspension of a project […]
“Effective tomorrow … the City is suspending all regular activity at construction sites in Boston.” This was just one of the surprises that greeted contractors last week. Contractors and owners with projects across the country are scrambling to comply with mandated governmental suspensions. Project participants should begin contingency planning for possible project shutdowns. Reacting to […]
Richard R. Volack, Chair of the firm’s Cyber Security & Data Privacy practice, recently discussed how construction companies should react to a hack with Construction Dive. He urges every company to have a response plan, insurance, and a relationship with a data analyst who can quickly help investigate the magnitude of a hack. Construction Dive
The Coronavirus has been the subject of an extraordinary amount of media coverage since the start of 2020. As we approach the end of the first quarter of the year, its impact on local and global economies and our way of life cannot be ignored. This Alert will provide the construction industry with guidance and […]
The Problem: Have you ever run into the following situation: The Project Owner insists on performance of change or extra work with no written, signed change order, with a promise to provide you as General Contractor or CM with a change order later. You remind them that the contract requires a written, signed change order […]
On February 26, 2020, the National Labor Relations Board issued its final rule governing joint-employer status under the National Labor Relations Act (NLRA). The final rule restores the joint-employer standard that was applied for several decades prior to the 2015 decision in Browning-Ferris, giving greater clarity and guidance. The new rule will benefit employers in the […]
Joe Reisman, retired partner and father of our Vice Chairman, Stephen Reisman, passed away peacefully on February 26, 2019 at the age of 91. Well-known in and beyond the South Florida real estate, construction and legal communities, we remember Joe fondly as an engaging, kind, and brilliant individual – an example of the “consummate gentleman”. […]
Peckar & Abramson, P.C. is pleased to announce that Bruce D. Meller, a Partner in the Firm’s New Jersey office, has been awarded the 2020 Client Choice Award in the area of Construction in the United States. Bruce is the sole recipient of the award in his respective category in the United States. “This award […]
Thanks to the newly minted “New York City Public Works Investment Act,” seven NYC agencies have been granted the authority to use a Design-Build Contract model when putting their construction projects up for bid. This approach, in which one contract outlines both design and construction requirements, is meant to cut project costs and reduce timetables […]