• Posts by Drew M. Hicks
    Partner

    Drew Hicks assists clients in litigation and dispute resolution by, among other things, advising clients on litigation risk management and cost issues.  Drew focuses his practice on representing public and private companies in a ...

Every month, we see a new set of privacy best practices or a new set of regulations proposed or adopted by a state, Congress, the White House, or countries around the globe. The versions of best practices continue to multiply and the layers of regulation continue to expand. Every new group or political entity wants to out-perform the last – but has this one-upmanship gone too far?

KMK Law recently hosted its Third Annual Cybersecurity & Privacy Seminar. This seminar was developed for business owners of various sizes and for those in senior positions in Information Governance, Compliance/Risk Management, Human Resources, Legal and/or Information Technology.

On November 2, 2018 Ohio’s new Data Protection Act went into effect.  The Ohio DPA creates a new statutory affirmative defense against data breach tort claims and identifies specific cybersecurity frameworks that are now presumptively reasonable.  KMK Law  and Gratia, Inc. partnered together to discuss the impact of Ohio DPA on businesses, the steps companies need to take as a result, and what this “safe harbor” really means. 

Ohio recently enacted the Ohio Data Protection Act[1] which was part of Attorney General DeWine’s CyberOhio Initiative. The Act will go into effect on November 2, 2018. Every Ohio business should be familiar with the Ohio DPA and determine whether they can or want to qualify for the benefits. The Ohio DPA also provides another reminder of the importance of examining and evaluating your data protection and written information governance policies.

September 2018 was a busy month for data privacy. We expect the next several months to be extremely active as well, especially with the number of new complaints and data breach notices filed in Europe since May. We will continue to monitor and update developments as the data privacy framework continues to evolve.

G-Day is May 25, 2018, the day when the European Union’s General Data Protection Regulation (“GDPR) is set to go into effect.  Even though the Regulation has been approved and available for review for more than a year, most companies are still working to determine whether GDPR applies and, if so, how to become GDPR compliant.  The litigators from KMK’s Cybersecurity and Privacy Team have prepared a Legal Alert which helps companies answer both questions. 

Two decisions last week further widened the divide among the Courts of Appeals in applying Spokeo in cybersecurity litigation.

Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.

In a case that will have significant ramifications for the legal landscape relating to cybersecurity, the Third Circuit Court of Appeals affirmed a lower court’s decision that the Federal Trade Commission (FTC) had the authority to regulate companies’ data security practices.

On August 11, 2015, federal prosecutors in New York and New Jersey filed criminal charges against two alleged hackers and seven other individuals who allegedly traded securities based upon stolen information. The Securities and Exchange Commission filed a related civil complaint against those same nine individuals, as well as 23 other individuals and corporate entities.

Blog Contacts:  
Joe Callow, Litigation Partner
jcallow@kmklaw.com or 513.579.6419

Rob Lesan, Business Representation & Transactions Partner
rlesan@kmklaw.com or 513.579.6939

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