Law Offices of Kathy Delaney Winger

Law Offices of Kathy Delaney Winger Blogs

Blog Authors

Latest from Law Offices of Kathy Delaney Winger

As cyberattacks continue to evolve and grow, it’s more important than ever to ensure that your business is protected. While prevention is the best defense, you may also want to consider purchasing a cyber insurance policy to give your business coverage in the case of an attack. However, it is vital to remain transparent, compliant, and honest about how your business handles your cybersecurity while purchasing insurance policy coverage. Otherwise, it is possible that your insurance company may deny coverage when it matters most.These are the basics behind the case of Travelers insurance vs. International Control Services (ICS). ICS is
Continue Reading Cyber Insurance Coverage Case – Travelers Insurance vs. International Control Services (ICS)

Looking Back at 2022’s Major Cyber AttacksAs we consider how important it is to maintain updated and properly maintained cybersecurity systems for our personal lives as well as our businesses, I’d like to take some time to review last year’s major cyberattacks and how they made an impact. Taking time to track developments in cybersecurity gives us an opportunity to reasonably consider how data breaches and hacker activity may continue to evolve so that we can prepare future defenses.
Cyberattacks Between Russia and Ukraine Russia has been making countless cyber-attacks against Ukraine for years, resulting in blackouts, election threats, data breaches,
Continue Reading Looking Back at 2022’s Major Cyber Attacks 

As the new year begins and we get back to work, it’s time to reflect on the past year to help ensure that your business is prepared to handle what lies ahead.  This includes things like reviewing liabilities and new regulations that may impact your business and having protections in place for your business’ cybersecurity.When it comes to business law and cyber threats, this past year has seen a lot of new developments. With that in mind, here is my 2022 recap of topics that may be helpful for you to review:
January – 2021 Year in ReviewMy annual
Continue Reading 2022 Recap: Changing Regulations, Cybersecurity Developments, & Privacy

When reviewing your business’ cybersecurity measures, don’t underestimate the amount of risk that comes with social media. Those accounts need cyber hygiene too! This requires, among other things, workplace protocols, scheduled maintenance, and staying on alert for signs of threats. There are many aspects of your business’ social media account usage to keep in mind, but one of the most important is defending against hackers and recovering if your account is hacked or duplicated.Social media cybersecurity begins with creating a strong and unique password, which  should be safely stored and frequently updated.  Additionally, access to this password should be restricted
Continue Reading Social Media Cybersecurity for Businesses – How to Defend Against and Recover From Account Hackers

How Widespread Fake Reviews are Impacting Businesses and Legal ConsequencesFake reviews have become an ongoing struggle for businesses in almost every industry and of almost any size not only on their websites and on review platforms, but also across social media. Reviews can be negative or positive, and left for any number of reasons, whether that means striking down a competitor or boosting their own business’ success. In recent years, some entities have begun to recruit large groups of people to leave these fake reviews, creating a widespread dilemma that can have drastic impacts on the businesses they affect. This
Continue Reading How Widespread Fake Reviews are Impacting Businesses and Legal Consequences

One of the most fitting ways to celebrate this Cybersecurity Awareness Month is by spreading knowledge  among business owners. As a business attorney who also focuses on cybersecurity, I often guide business owners on how to protect themselves and their assets from cyber threats.  I’m taking this opportunity to discuss a few of the best cybersecurity practices and precautions that can help protect businesses:1. Stay up-to-date. This is a major area of concern, because regular updates are typically required to help keep the workplace secure. To start, you’ll want to ensure that you’re using updated hardware. Replacing your older equipment
Continue Reading Cybersecurity Awareness Month – A Review of Best Practices for Businesses

Education plays a huge part in my life, as well as in my legal practice. In addition to practicing law, I teach several classes at two local colleges and, in doing so, have found that a shared foundation of education benefits everyone.  Through the years I’ve also found that, in addition to being a teacher, I have continued to be a student long after my formal education ended.  This is has been especially true in my work as a lawyer.  
As a business attorney, part of my job is to educate clients and prospective clients because I believe
Continue Reading The Power of Education

Cyber Insurance Coverage for Businesses & RansomwareAs cybersecurity threats are on the rise, businesses are increasingly looking to cyber insurance to help protect themselves.  With regard to ransomware, many business owners have begun to consider insurance based upon concerns about what would happen if their business was entirely put on pause– or worse, if years of hard work were altogether wiped out or they were completely unable to service clients. Cyber insurance can help protect businesses in the aftermath of these situations.  However, insurance policies often have different scopes of coverage and their own procedures,  You’ll want to be aware
Continue Reading Cyber Insurance Coverage for Businesses & Ransomware

How the First and Fourth Amendments Impact CyberspaceWhen it comes to the cybersecurity, regulations are still catching up with how the industry is evolving. So far, courts have relied on existing laws and, for the most part, operated on a case-by-case basis in making decisions in this new and growing field. As more time is needed for new laws and regulations to be introduced, we can look back to the basics of law in the United States to see how our existing rights have impacted cyberspace. Even though the Bill of Rights was adopted long before cybersecurity became a concern,
Continue Reading How the First and Fourth Amendments Impact Cyberspace

The Growing Popularity of Biometric Privacy ActsThe (BIPA) was enacted in 2008 as a way to protect the biometric information collected by employers and other entities. This was done by establishing regulations for how biometric data is collected, maintained, and stored, including guidelines for providing written notices as well as the data’s eventual deletion. Although BIPA has led to a variety of class action lawsuits, as of 2022, it has become a standard by which other states are now drafting their own biometric data laws.
Since 2008, Texas and Washington have enacted similar laws. Moreover, as of the beginning of
Continue Reading The Growing Popularity of Biometric Privacy Acts

Following the Footsteps of the California Privacy Rights Act (CPRA) – Virginia’s Consumer Data Protection Act (CDPA) and Colorado’s Consumer Privacy Act (CPA)Following in the footsteps of the California Privacy Rights Act of 2020 (CPRA), which becomes effective on January 1st, 2023, Virginia and Colorado have passed privacy legislation that creates more consumer data rights. Similar to California’s CPRA, Virginia’s Consumer Data Protection Act (CDPA) and Colorado’s Consumer Privacy Act (CPA) both establish new regulations for businesses to abide by, granting consumers more control over their personal data and further impacting the future of consumer data usage. Although some
Continue Reading Following the Footsteps of the California Privacy Rights Act (CPRA) – Virginia’s Consumer Data Protection Act (CDPA) and Colorado’s Consumer Privacy Act (CPA)

New Regulations Regarding Electronic Employee MonitoringAs the future of work evolves, current practices will shift to include new technology as well as new regulations. With many businesses now operating with a virtual-hybrid method, how employees are accessing their work and spending their time has become even more significant.  Employers have always had methods to check up on their employees and monitor their time at work, whether by walking by their offices or by monitoring their at-work computer access, but there are now more issues to consider regarding both what may need to be monitored as well as how it’s
Continue Reading New Regulations Regarding Electronic Employee Monitoring

The Future of Work and How to Keep Your Virtual Hybrid Workplace SecureOne of the lasting effects of the COVID-19 pandemic is the known value of a remote workspace. Enabling employees to work from home has made a difference not only throughout the various phases of change and regulations businesses have been dealt, but also with up-keeping employee health and providing them with a safe way to work.
Moving forward, we’re expecting to see a rise in a virtual, hybrid work model. As workers return to the office, many businesses are offering the option for their employees to work from
Continue Reading The Future of Work and How to Keep Your Virtual Hybrid Workplace Secure

Laws and Regulations for Drone UsageAs new uses for drones have been discovered and implemented, their popularity for both recreational and commercial use has continued to grow.  In a recent blog, we delved into the evolving issues and liability related to drone usage, including risks and ways that individuals, as well as businesses, may be held accountable for any potential problems they cause. This article focuses on how these risks and liabilities have been accounted for in terms of laws and regulations.
The Federal Aviation Administration (FAA) has been working on continuously updating regulations to introduce drones into commerce while also
Continue Reading Laws and Regulations for Drone Usage

2021 Year in ReviewAs we begin a new year, I’d like to take this opportunity to reflect on 2021 in preparation for the future. This past year has seen the testing of new policies and the assessment of new risks, which will continue to shape how we address evolving technology. In 2021, my monthly blogs focused on a variety of topics including cybersecurity, risk assessment, litigation, real estate, and the evolving nature of drone usage. Let’s take some time to return to each of these subjects briefly before focusing on the year ahead:
January – Preparing Your End-of-Life Directives The
Continue Reading 2021 Year in Review

Self-Driving Cars and Developer Liability for Auto AccidentsIn March of 2018, a fatal accident occurred in Tempe, Arizona when a woman was struck by a Volvo SUV that was outfitted with a self-driving system developed by Uber Advanced Technologies Group.  What happened afterwards provides some insight on the legal exposure that developers of self-driving systems may face when the car is involved in an accident. 
In the Tempe case, the accident occurred when a woman who was walking a bicycle across the road at night was struck by a vehicle that had a self-driving system and a human operator behind
Continue Reading Self-Driving Cars and Developer Liability for Auto Accidents