Office Building with Blue Sky
24 October 2017

Big Mistakes to Avoid When Negotiating a Commer...

In the current episode, listen to Miller Johnson real estate attorneys Jim Ens, Eric Starck, and Matt VanDyk discuss the pitfalls and mistakes parties make when negotiating a commercial lease agreement from both the tenant and landlord perspectives. Topics discussed include the many ways to set up guaranties, obligations of the parties, monetary and non-monetary […]

Laptop Phone Coffee
19 October 2017

Data Breach? First Call Your Lawyer.

If your company experiences a data breach, the first person you should contact is your lawyer.  While this advice is certainly self-serving to the authors, it is nevertheless the most prudent course of action. In the first few moments after a data breach, everything you say or do is discoverable in subsequent litigation or other […]

Real Estate Blog
16 October 2017

The Real Estate Group Launches Their Twice a Mo...

The Miller Johnson Real Estate Podcast is a twice monthly series hosted by attorneys involved in real estate transactions, disputes, property tax, construction, land use and zoning matters with clients. From buying, selling and leasing to commercial, industrial and residential development, our Real Estate group offers a full range of insights and analysis of a […]

USA and EU flags
05 October 2017

FTC Cracks Down on False Claims of Compliance w...

The Federal Trade Commission (“FTC”) recently announced ( that it had settled charges against three different companies for misleading consumers about their participation in the EU-US Privacy Shield (“Privacy Shield”) framework.  These are the FTC’s first enforcement actions brought under the Privacy Shield. The FTC alleged the three companies falsely claimed they were certified to […]

Questions Answers
21 September 2017

The 3 Most Common Equifax Breach Questions (wit...

Ever since the news broke regarding the Equifax breach affecting over 140 million people in the U.S., we have received daily phone calls from clients, friends, and family asking what they can do to protect themselves.  Should I sign up for the credit monitoring?  Am I am going to waive my right to join a […]

08 September 2017

Equifax Announces Breach That Could Impact 143 ...

Yesterday. on September 7, 2017, Equifax, a credit monitoring agency, announced that the personal information of nearly half of all Americans may have been breached.  According to Equifax, criminals used “a U.S. website application vulnerability” to gain access to files that contained names, Social Security numbers, birth dates, addresses and driver’s license numbers. Equifax stated […]

Flooded Houses
07 September 2017

Dealing with PHI after Hurricane Harvey (and Ot...

The Department of Health and Human Services (“HHS”) recently issued relief and other helpful guidance about dealing with Protected Health Information (“PHI”) in the wake of disasters like Hurricane Harvey.  You can review this guidance here. Waiver of Certain Provisions under the Privacy Rule It is important to remember that HIPAA’s Privacy Rule continues to […]

25 August 2017

Data Breach Class Actions: an actual violation ...

In a previous post on this blog here, we noted that the recent decision in D.C. Circuit Court of Appeals had joined a growing number of federal courts holding the risk of future harm is enough to allow a class action to proceed following a data breach. Now the Ninth Circuit Court of Appeals joins […]

Cyber Security
10 August 2017

Data Breach Class Actions: Is a Risk of Future ...

On August 1, the D.C. Circuit Court of Appeals joined a growing number of federal courts holding the risk of future harm is enough to allow a class action to proceed following a data breach. Attias v. CareFirst, Inc., et al., involves a federal class action lawsuit brought by customers whose personal information was allegedly […]

Euros - Privacy Shield
27 July 2017

Penalty: Up to 20 Million Euros, or 4% of Gross...

In data privacy circles, there is constant discussion regarding the EU-US Privacy Shield and the EU General Data Protection Regulation (“GDPR”).  While the temptation for US- based companies to take an isolationist approach and ignore these EU regulations is understandable, doing so may unintentionally subject such companies to significant liability.  All US-based organizations that hold, […]