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Author Archives BMK Law

The Claim of An Implied Duty To Comply With “Industry Standards” For Protecting Clients’ Confidential Information

The Continuing Evolution Of Cybersecurity Risk Management

By: Kenneth L. Moskowitz, Esq. and James D. DeBartolo, Esq.

In April 2015, a client of the Chicago based law firm Johnson & Bell, LTD (“J&B”) filed a class action lawsuit in federal court in Illinois against its attorneys charging that they failed to protect their clients’ confidential information (“Action”).[1]  The Action and the claims asserted therein are compelling reminders of the evolving risks facing those entrusted to protect their clients’ confidential data.  Plaintiffs allege in the Action that, notwithstanding the fact that J&B had not suffered a cybersecurity breach to date that had caused them any harm or damage, the firm nonetheless should be adjudged liable for failing to maintain “industry standard” cybersecurity  protections.

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Jan 26, 2017
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Theft of Computer Data And Other Cyber Attacks

A Survey Of Relevant Statutory Law And Some Practical Considerations

By: Kenneth L. Moskowitz, Esq. and James D. DeBartolo, Esq.

The business community and employers are under the constant threat of the conversion or corruption of their invaluable computer assets by employees, competitors and “hackers.” To address these ever-present and evolving threats, both the United States and the State of New Jersey have enacted statutes that both criminalize such conduct and provide for private causes of action that include remedies designed not only to make the victim whole, but to punish and deter such unlawful conduct. This article presents a brief survey of the relevant statutes,[1] and offers some practical risk mitigation strategies to be considered by the business owner before his or her business becomes just another victim.Read More

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Jul 19, 2016
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RICHARD S. SCHKOLNICK IS RECOGNIZED AS A SUPER LAWYER FOR A MILESTONE 5TH YEAR

Super Lawyers NJ

By BMK Law

RICHARD S. SCHKOLNICK Super LawerBMK is pleased to announce that Richard S. Schkolnick has been recognized as a Super Lawyer for the 5th year. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology and other information about Super Lawyers can be found at www.superlawyers.com/about/selection_process_detail.html.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

For more information on Mr. Schkolnick’s areas of expertise, please visit his Attorney Profile page.

 

 

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Mar 21, 2016
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Moskowitz Appointed to Sobel & Co.’s Fraud and Forensics Practice Editorial Advisory Board

Kenneth L. Moskowitz

Kenneth L. Moskowitz has been appointed to Sobel & Co.’s Fraud and Forensics Practice Editorial Advisory Board. The Board, which is comprised of both leading civil litigation and criminal defense attorneys, provides Sobel & Co. and its clients with insight and suggestions for improving fraud investigations, preventing fraud and the provision of forensic accounting services.






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Nov 29, 2015
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Kallen Chairs Family-Owned Business Roundtable

The dynamics of a family-owned business present unique challenges not only to the family but also to the professional service provider. Recognizing that professionals who work with these businesses on a daily basis can find value in discussing these challenges with one another, for the benefit of themselves and the client, Norman Kallen has formed, and chairs, a family business roundtable.

The group is comprised of professionals who work with middle market family-owned businesses, including, attorneys, accountants, executive coaches, investment advisors, psychologists and insurance professionals. The goal is to get together on a bi-monthly basis to discuss, share, provide peer counseling and engage in problem solving on common issues the service providers confront in serving such businesses. Ultimately, by leveraging the experience of one another, each of the members can acquire greater insight into and provide greater value to his or her client.

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Aug 20, 2015
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Goldberger Addresses Sports Officials

Alan S. Goldberger returns to the National Association of Sports Officials Annual Sports Officiating Summit July 26-28 in St. Louis. He will be a featured speaker at the Summit –the only event of its kind addressing critical topics impacting all aspects of the officiating industry. He will speak to referees and umpires of all sports on “The Law, Lawsuit and Liability Landscape,” to be followed by a breakout session on sports officials’ legal rights and responsibilities. Al will also conduct a special pre-summit program for Missouri officiating leaders: “Official Business – Your Game Officials and the Law” — presented in cooperation with the Missouri State High School Activities Association (MSHSAA).

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Jul 28, 2015
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