Media Mentions

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Robert Anderson, a shareholder at Lindabury, McCormick, Estabrook & Cooper and a member of the firm’s Cybersecurity & Data Privacy practice group was recently questioned by Tom Hughes of ROI-NJ, regarding the reasons a business should consult an attorney to oversee cybersecurity planning and preparation.  In short; the answer is: attorney-client privilege.

If you have a breach and your company gets sued — and it will, Anderson said — having all of your preparation protected could result in huge savings of both money and reputation. Anderson, speaking at a recent ROI-NJ Thought Leadership Series panel, explained how. “When you’re first starting to put together a program to protect your company, one of the things that you will typically want to do is hire someone called an ethical hacker, who will try to get into your system,” he said. “The results of this kind of a penetration testing that determines the vulnerabilities and weaknesses in your system will be in a report that goes on for pages and pages of all the problems in your system. If you do end up with an attack and end up in litigation, Exhibit A in the litigation is going to be this detailed report that shows all the vulnerabilities of your system, and they’ll be able to see how you elected to prioritize the problems. “The litigants are then going to say you knew you had these vulnerabilities and spot the one you didn’t fix.” Having legal counsel order the penetration test would likely shield

that document by virtue of attorney-client privilege, Anderson said.

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Kathleen M. Connelly, a member of Lindabury’s Employment Law practice group,  was recently interviewed by ROI-NJ regarding the Jake Honig Compassionate Use Medical Cannabis Act, which was signed into law by Gov. Phil Murphy on July 2nd.  NJ joins a growing list of states enforcing workplace protections for medical marijuana users.  Kathleen said the difficulty from the employer standpoint is the tension between understanding that people see benefits from cannabis in medical treatment but also needing to ensure these individuals aren’t under the influence while performing job duties.

You can read the full article here.

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Andrew Gibbs, a member of Lindabury’s Cybersecurity & Data Privacy practice group, is quoted in a recent issue of NJ-ROI concerning the confusion surrounding the argument to purchase insurance protection plans focusing on cybersecurity issues.  Andy says, “Cybercriminals are starting to target smaller and mid-sized businesses.  Those companies need to start making this more of an important consideration. It’s true that a lot of companies might still be saying, ‘I’m not sure I need this — it’s too expensive but the reality is, this insurance is not that expensive compared to the actual cost of a loss from a cyberattack.”

You can read the full NJ-ROI article here.

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Eric Levine, co-chair of Lindabury’s Cybersecurity and Data Privacy practice is quoted in a recent issue of NJBIZ regarding the growing digital threat often disguised as a legitimate-looking email.  Eric says that when our firm receives an email in regards to a bank transaction, “We won’t cut a check against it until it clears our financial institution, and then we’ll wait up to another 10 days.   It can be an inconvenience for a client, but this way we know the money is good.”

To read the full NJBIZ article click here.

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Robert Anderson was quoted in a recent article published by ROI-NJ regarding the current merger market.

“What’s making deals successful right now is the fact that, when the acquisitions are made, it’s in the context of a very good economy,” he said. “Even if you don’t find that operations are ideal at the company you’ve acquired, the fact that the economy itself is so strong — that tends to pull companies along regardless.”

You may read the full article here.

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In May 2019 Employee Benefits Shareholder Elizabeth Manzo spoke at the International Foundation of Employee Benefits Plans’ Heatlhcare Management Conference on the topic of medical marijuana and how changes in state laws will impact employers and benefit funds.

Kenneth Corbin wrote an overview of Elizabeth’s presentation for Employee Benefit News titled, Will Medical Marijuana Become Part of Your Benefits Mix.

Many health plans might not want to touch marijuana with a 10-foot pole, but it might be time to start thinking differently about including cannabis in the benefit mix.

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Elizabeth Candido Petite an associate at Lindabury, McCormick, Estabrook & Cooper in Westfield joined a team of community leaders to provide ongoing pro bono legal assistance to the Other Fellow First Foundation during its quest to raise money for twin brothers Edward and Edwin Roman, 24, of Summit, both diagnosed with cardiomyopathy.

You may read the full New Jersey Law Journal article here.

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Stephen A. Timoni is quoted in a recent issue of ROI-NJ.  Steve says, “The medical field is very interesting right now.  And I think it’s going to get even more interesting as the rapidly changing dynamics of healthcare continue to unfold. Practices have learned that they can no longer promise to waive copays or deductibles under this law, with some exceptions.  That’s where it leads to some gray areas: How aggressive do you need to get to collect balances?” he said.  We don’t know answer to that. But, certainly, the burden is on out-of-network physicians providing services.”

Often, physician groups find a solution to these complications in just merging in with health systems or other large in-network providers, Timoni said.  But, even if that has been the answer for some time now, the industry’s constant reconfiguring means one can never safely predict what will continue to be true going forward.

You can read the full ROI-NJ article here.

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On the symbolic anniversary of the signing of the Diane B. Allen Equal Pay Act, considered the strongest pay equity legislation in the nation, Lisa Gingeleskie spoke to Tom Bergeron of ROI-NJ about what companies in New Jersey need to do to be compliant.  Lisa says she feels the Equal Pay Act, signed into law by Gov. Phil Murphy last April, is not getting the attention it deserves. And that businesses — large and small — are taking a big risk if they do not make it a bigger priority.

To read NJ-ROI’s full interview click here.

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In a recently published article by Relias Media, Andrew Gibbs says “It is useful to think of cyberinsurance as filling in gaps in existing insurance coverage.  Cyberinsurance can fill in gaps, and in some cases give you interlocking or overlapping coverage.  A large organization might have a crime policy with a social engineering endorsement, and then if you get a standalone cyberpolicy that also has social engineering coverage, you’ll have an overlap. That overlap helps protect you because those policies are going to limits and exclusions that might be overcome by the other policy.”

“There may be higher deductibles for certain kinds of cyberlosses, so healthcare organizations should get with their brokers or lawyers and try to maximize the coverage they can get within their financial restraints,” Gibbs says. “They also should watch carefully for exclusions and language that lessens the coverage.”

You may download the full article here.

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