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GENERAL GUIDANCE ON LEGAL ISSUES RELATED TO COVID-19 AND PRIVACY AND DATA SECURITY FOR U.S. COMPANIES[1]

With the significant recent healthcare, employment and financial services legislation arising out of the COVID-19 pandemic, and the almost daily updates and guidance, the sea-change in privacy and data security law of the past few years seems like a distant memory.  There are, however, a number of important privacy and data security issues of which U.S. companies should be aware, particularly in the areas of employment, compliance with security standards, and vendor management.   The following shares guidance and insight into common issues that can arise.


Karin McGinnis served as a guest speaker for IAPP Charlotte KnowledgeNet Chapter program
(April 2020)

Charlotte Privacy and Data Security Member Karin McGinnis served as a guest speaker for the IAPP Charlotte KnowledgeNet Chapter program titled, "COVID-19: Employment Privacy and Security Issues" on April 1. During this virtual meeting which was hosted by Charlotte Privacy and Data Security Counsel Tandy Mathis, McGinnis joined other data security and privacy experts discussing how to enable employee social distancing with secure work-from-home capabilities, but keep threats at bay. This meeting also discussed both the U.S. and global perspectives on employee health and privacy considerations regarding health screening, pre-screening before return to work, geolocation tracking and geofencing for contagion management. ​


Data Points Update: The Washington Privacy Act
(February 2020)

Charlotte Privacy & Data Security Counsel Leslie Pedernales’ Data Points blog article titled, “Update: The Washington Privacy Act” was published on February 18.


Karin McGinnis will serve as panelist for WSJ Pro Cybersecurity Symposium
(February 2020)

Charlotte Privacy & Data Security Member Karin McGinnis will serve as a panelist for the WSJ Pro Cybersecurity Symposium which will take place March 9 in Charlotte, NC. The WSJ Pro Cybersecurity Symposium will highlight presentations and panels moderated by Wall Street Journal editors and journalists in which experts in cybersecurity and business will share their insights and experiences on how to start understanding your cyber risk, what to do if you’re hacked, where to find cost-effective cybersecurity, how to give large-company partners confidence in your cybersecurity, and more.


MVA hosted Association of Corporate Counsel (ACC) Program
(February 2020)

MVA hosted the Association of Corporate Counsel (ACC) program on February 13 titled, "Mischief Managed: Best Practices in Developing a Crisis Response Program". Charlotte Privacy & Data Security Members Karin McGinnis and Todd Taylor joined other legal and industry experts to present the best practices in both (a) the development of a cyber/data security crisis response program, and (b) implementing that program when faced with a cyber/data security incident.


Data Points Blog: US Data Breach and Privacy 2019 Legislative Recap
(July 2019)

Charlotte Privacy and Data Security Counsel Tandy Mathis published a blog post on July 1 titled, “US Data Breach and Privacy 2019 Legislative Recap.”


McGinnis Panelist for 2019 Charlotte-Metro ISSA Summit
(May 2019)

Charlotte Privacy & Data Security Member Karin McGinnis served as a panelist for the 2019 ISSA Conference: How the Changing Privacy Law Landscape Impacts Information Security Professionals that was held May 2 at the Charlotte Convention Center. The panelists discussed specifically the impacts of the expanding definition of personal information, the expanding obligations to maintain reasonable security measures and the expanding rights of data subjects.


McGinnis quoted in TechTarget
TechTarget, (April 2019)

Charlotte Privacy & Data Security Member Karin McGinnis was quoted in the TechTarget article, “Data breach legislation proposes jail time for CIO, HR execs” which was published April 8. The article discusses how data breaches caused by negligence may lead to jail time for corporate executives under legislation introduced last week by U.S. Senator Elizabeth Warren.


McGinnis NC State Bar Certified Specialist in Privacy and Data Security
(December 2018)

Charlotte Litigation Member Karin McGinnis has been designated as a North Carolina State Bar Certified Specialist in Privacy and Data Security Law.


Taylor and Gainey present at the ACC South Carolina Annual Meeting
(October 2018)

Charlotte Privacy and Data Security Member Todd Taylor and Associate Suzanne Gainey presented at the ACC South Carolina Annual Meeting on Friday, September 28.


McGinnis Quoted in Law 360 Article
(September 26, 2018)

Charlotte Privacy and Data Security Member Karin McGinnis was quoted in Law 360 on September 20.


Charleston Attorneys Discuss How to Achieve the Mandate of Proportionality Through Phased Discovery  
(May 2018)

Charleston Litigation Member Robert Sumner and Associate Chuck Scarminach were recently published in the American Bar Association’s Litigation Trial Practice section. The article titled, " How to Achieve the Mandate of Proportionality Through Phased Discovery", explores cases that demonstrate the benefits and flaws of electronic discovery.


Bloomfield and Mitchell Discuss Transitioning Away from LIBOR in Corporate Compliance Insights
(May 2018)

Charlotte Litigation Member Neil Bloomfield and Associate Elena Mitchell were published in Corporate Compliance Insights on May 4.


Four Moore & Van Allen Attorneys Named South Carolina 2018 Super Lawyers
(April 2018)

Moore & Van Allen PLLC is pleased to announce that four attorneys have been named to Super Lawyers’ 2018 list of top attorneys in South Carolina. These attorneys are located in the firm’s Charleston office.


McGinnis to Present at Globalaw’s 2018 European Regional Meeting
(April 2018)

Charlotte Privacy and Data Security Member Karin McGinnis will be speaking at Globalaw’s 2018 European Regional Meeting on April 19 in Rome, Italy. Her presentation will cover the challenges, opportunities and pitfalls of the General Data Protection Regulation, changing the legal framework of data privacy in the European Union and the data transfer to Non-EU Countries.


McGinnis and Mathis Present to WiE
(February 2018)

Charlotte Privacy and Data Security Member Karin McGinnis and Attorney Tandy Mathis presented to the Charlotte Chapter of Women in eDiscovery (WiE) on February 26 in the Charlotte Office.


MVA Hosts Association of Corporate Counsel CLE Luncheon
(February 2018)

Moore & Van Allen's Charlotte office hosted the Association of Corporate Counsel (ACC) Charlotte Chapter's CLE luncheon at the Charlotte City Club on February 21.


McGinnis Publishes Data Points Blog Post
(February 2018)

Charlotte Privacy and Data Security Member Karin McGinnis published a new Data Points blog post titled, “Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities” on February 6. The post discusses North Carolina and South Carolina’s recent legislative proposals that impose data security obligations on companies as part of their identity theft statutes.


MVA Attorneys Recognized by Business North Carolina's 2018 Legal Elite
(January 2018)

Moore & Van Allen is pleased to announce that six attorneys were included in Business North Carolina magazine’s Legal Elite. Since 2002, Business North Carolina magazine has honored North Carolina attorneys by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in 14 business-related categories. The attorneys selected are considered by their peers to be the top practitioners in their respective fields. Click here to view the complete 2018 list of honorees.


Lincoln and Bloomfield Featured on NCBA’s Litigation Section Blog
(October 2017)

Charlotte Litigation Counsel Matt Lincoln and Member Neil Bloomfield were recently featured on the NCBA’s Litigation Section Blog. Lincoln’s article titled, “Pro Se Responsive Pleading By Corporation/LLC Insufficient To Avoid Default,” discusses the North Carolina statute N.C.G.S. Section 84-5 which prohibits corporations and limited liability companies from practicing law in North Carolina. Bloomfield’s article analyzes Goodyear Tire & Rubber Co. v. Haeger and provides a summary of the U.S. Supreme Court’s decision which clarified that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a causal link.


MVA Hosts Seminar on How to Talk to the FBI and Your IT Department about a Data Breach
(2017)

The Privacy and Data Security Team hosted a seminar part of their 2017 series titled, “How to Talk to the FBI and Your IT Department about a Data Breach,” on May 24. The seminar kicked-off with Privacy and Data Security Member Karin McGinnis and Member Ben Fryer discussing how responding to a data breach requires clear communication with a web of internal and external groups.


McGinnis Published by LegalTech News
(March 2016)

McGinnis and Fryer Present at Globalaw Client Seminar
Protecting Information While Employing Workers Overseas, Charlotte, NC, (October 23, 2015)

McGinnis Quoted in Law360 Article on Target's Breach Settlement
Law360, (March 19, 2015)

McGinnis provides commentary on the recent $10M class action settlement.


Sumner and Gaskins Article Referenced in InsideCounsel
InsideCounsel, (March 19, 2015)

Charleston Attorneys Robert Sumner and Brandon Gaskins were mentioned in a recent InsideCounsel article on March 19.


Taylor and Jeter Article Referenced in Recent InsideCounsel Publication
InsideCounsel, (March 10, 2015)

Zach Warren referenced Taylor and Jeter’s “EU-U.S. Safe Harbor agreement heading for troubled water?” in his March 10th article.


Sumner & Taylor Lead Commercial Law Webinar
(January 2015)

Sumner and Taylor served as featured presenters on January 15, 2015.


Sumner Discusses Cyber Breach Insurance
USA Today, (December 2014)

Charleston Member Robert Sumner was quoted in a USA Today article about cyber breach insurance.


McGinnis & Allen Recognized by ATHENA
(November 2014)

Ann McMillin Allen and Karin McGinnis were named to the list of final nominees for the 2014 ATHENA Leadership Awards.


Privacy & Data Security Blog Offers “Data Points”
Firm’s Privacy & Data Security team launches blog to keep businesses informed of prominent rulings and trends, (October 2014)

Moore & Van Allen’s Privacy & Data Security team has launched the blog “Data Points.”


Taylor Discusses FTC Role in Cybersecurity Debate
FedScoop, (September 2014)

Todd Taylor was quoted in FedScoop on September 16, discussing the FTC’s influence in cybersecurity matters.


Gaskins Selected for Leadership Charleston
(September 2014)

Charleston Associate Brandon Gaskins was selected to participate in Leadership Charleston.


McGinnis Named Second Harvest Board of Directors Chair
(September 2014)

Karin McGinnis was elected to serve as the Second Harvest Board of Directors Chair.


Jeter & Taylor Address Safe Harbor Framework
InsideCounsel, (July 2014)

Breana Jeter & Todd Taylor published a column on the EU-U.S. Safe Harbor agreement on July 17.


Taylor & Jeter Author Article on Data Security Practices
InsideCounsel, (June 2014)

Todd Taylor & Breana Jeter were published by InsideCounsel on June 2.


McGinnis Discusses Retail Cyber Intelligence Sharing Center
Law360, (June 2014)

Karin McGinnis was quoted in Law360's article about the Retail Cyber Intelligence Sharing Center.


Jeter & McGinnis Address FTC Enforcement Actions
InsideCounsel, (April 2014)

Charlotte Associate Breana Jeter and Member Karin McGinnis published a piece on recent FTC actions in InsideCounsel.


Taylor Discusses FTC Ruling
Law360, (April 2014)

Senior Counsel Todd Taylor discussed a recent FTC ruling with Law360.


Taylor's Social Media Insight Republished
Employment Law Strategist, (February 2014)

Social media article by Charlotte Senior Counsel Todd Taylor was republished in Employment Law Strategist.


Taylor Authors Insight on Social Media
The Corporate Counselor, (December 2013)

Senior Counsel Todd Taylor was published on the front page of The Corporate Counselor's December issue.


Taylor Overviews Stored Communications Act
Bloomberg Social Media Law & Policy Report, (November 2013)

Senior Counsel Todd Taylor published social media insight in Bloomberg BNA's Social Media Law & Policy Report.


McGinnis' Advice on Reducing Liability Republished
Employment Law Strategist, (November 2013)

Charlotte Employment & Labor Member Karin McGinnis was published by Employment Law Strategist.


McGinnis Shares Advice on Reducing Liability When Hiring
Corporate Counsel, (October 2013)

Member Karin McGinnis' article on how to safely hire a competitor's employee was published in Corporate Counsel.


McGinnis Speaks to ADA Claims
Employment Alert, (August 2013)

Member Karin McGinnis addresses ADA-ready job descriptions in Employment Alert.


Taylor Addresses "Digital Boundaries" in HR Publication
Human Resource Executive Online, (June 2013)

Todd Taylor weighs in on social media password legislation in Human Resource Executive Online.


Taylor Publishes Social Media Policy Insight
Westlaw Journal Computer & Internet, (May 2013)

Senior Counsel Todd Taylor published social media insight for employers in Westlaw Journal Computer & Internet.


McGinnis & Zaloom Address FLSA Ruling
Law360, (April 2013)

Employment Members Karin McGinnis and John Zaloom provided Law360 with insight on why the Genesis HealthCare Corp. et al. v. Laura Symczyk 5-4 ruling was significant.


Member Comments on Employee Religious Accommodations
McGinnis addresses Chenzira v. Cincinnati Children’s Hosp. Medical Center
Employment Alert, (March 2013)

Karin McGinnis comments on employee requests for religious accommodations in Employment Alert.


Taylor's Advice to Cloud Customers Published by InsideCounsel
(January 2013)

Senior Counsel Todd Taylor offers advice to cloud customers in InsideCounsel.


Taylor's InsideCounsel Technology Series Continues
(January 2013)

Senior Counsel Todd Taylor has continued his InsideCounsel Technology series with two additional columns.


Taylor Addresses "Hacking Back"
InsideCounsel, (December 2012)

Senior Counsel Todd Taylor addresses cyber-attack debate in InsideCounsel.


Taylor Published By InsideCounsel
(December 2012)

Senior Counsel Todd Taylor authored a technology column for InsideCounsel.com.


Taylor Published by Westlaw
Blogger Liability Article in Westlaw Journal - Computer & Internet, (November 2012)

Todd Taylor's article on blogger liability was published by Westlaw.


McGinnis Published in Corporate Board Member
(November 2012)

Employment & Labor Member Karin McGinnis has authored an article for Corporate Board Member.


McGinnis and Zaloom Published on InsideCounsel.com
(June 2012)

Employment & Labor Members Karin McGinnis and John Zaloom recently contributed an article to InsideCounsel.com.


McGinnis Covers Legalities of Video Surveillance
Employment Alert, (February 2012)

Employment & Labor and Privacy & Data Security Member Karin McGinnis discusses laws pertaining to video surveillance.


Bowen & Kirk Quoted in Charlotte Business Journal
(July 2011)

Health Care Member Carol Bowen and Health Care Counsel Kimberly Kirk were quoted in the Charlotte Business Journal's July 29 edition.


McGinnis Discusses "Social Media Conundrum"
Origination News, (July 2011)

Karin McGinnis was quoted in Origination News discussing employers' social media policies.


Employment & Labor Member Discusses Employee Internet Regulations
Society for Human Resource Management, (August 2010)

Member Karin McGinnis discusses how Pentagon case exemplifies need for employee internet regulations.


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