Professional Liability Advocate

Professional Liability Advocate

Category Archives: Data Privacy & Security

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What Attorneys Can Learn from History’s Largest Data Breach

Posted in Attorneys, Data Privacy & Security, Professional Liability
On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the International Consortium of Investigative Journalists (ICIJ), and that the information would be used to publish potentially damaging stories. In addition,… Continue Reading

Negative Online Reviews: The Best Defense

Posted in Data Privacy & Security, Professional Liability
A recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp® reviews about medical care. The issue of how a professional can (or should) respond to negative online reviews is not limited to physicians or medical facilities. While attorneys are not subject to HIPAA, they are all… Continue Reading

Rise in Cyberattacks on Professional Services Firms

Posted in Accountants, Data Privacy & Security
Wilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal activity follows a very specific pattern. We take this opportunity to remind all professionals of the need to be wary and skeptical of what communications… Continue Reading

Welcome to the Digital Age, Officer

Posted in Data Privacy & Security
California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which generally requires law enforcement entities to obtain a search warrant before accessing data on an electronic device or from an online service provider. The purpose… Continue Reading

Surf’s Up: The Wave of High-profile Privacy Class Actions

Posted in Class Action, Data Privacy & Security
Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is enter our personal information and our credit card data, and one click later that product magically appears at… Continue Reading

The IRS will not flag, identify or otherwise note a SSN that may be subject to identity theft and subsequent tax fraud. Go figure.

Posted in Accountants, Data Privacy & Security
Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled in handling breaches, and each will guide you through a similar process for providing notice, obtaining credit… Continue Reading

EU’s Ruling Not “To Be Forgotten” Anytime Soon

Posted in Data Privacy & Security
Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to results containing certain information. This ruling has far-reaching implications not only for the EU but also… Continue Reading


Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a… Continue Reading

Social Media: Putting Your Best Foot Forward or in Your Mouth

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
As part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section. This made me think about “puffing,” which I learned about in my Contracts class… Continue Reading