The 2020 edition of San Diego Super Lawyers® has just been released, and a large number of Klinedinst attorneys have been chosen by their peers for inclusion. The lawyers selected truly represent the “best of the best” in San Diego County.
SAN DIEGO, CALIFORNIA – Klinedinst attorneys have been featured in the 2020 San Diego edition of Super Lawyers®. This is the largest-ever number of Klinedinst lawyers that have ever been featured in the annual awards publication.
Every year, Super Lawyers polls lawyers in the region, looking for recommendations of peers that demonstrate excellence and high ethical standards in the legal profession. From that pool of recommendations recommendations, the editors conduct independent research to pare down the list until the “best of the best” in the region are chosen.
Klinedinst attorneys recognized this year in Super Lawyers include:
San Diego Super Lawyers also highlights up-and-comers to watch in a special feature called Rising Stars. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. Klinedinst attorneys featured in this year’s class of Rising Stars include:
“It is incredibly gratifying to know so many of our stellar attorneys have been nominated by their colleagues for inclusion in Super Lawyers,” said Klinedinst, who founded the firm in 1983. “Everyone listed is a legal all-star in their own right, and am truly proud of the record number of award-winning attorneys on our team.”
Klinedinst congratulates each of these shareholders for this special honor. To learn more about each, please visit:
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee.
The financial services industry is part of the critical infrastructure of California and of the country. Governor Newsom articulated the importance of the financial services industry in the guidance he provided on March 20, 2020, which came shortly after the shelter-in-place order became effective.
On March 28, the Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) released additional guidance on the potential impact the financial services industry could have.
CISA’s guidance also designates the industry as part of the country’s critical infrastructure and contains more specifics than Governor Newsom’s order. CISA’s guidance contemplates work performed by the servicing industry as it recognizes workers may be needed for both “consumer and commercial lending” and for supporting “financial operations and staffing call centers.” Those parts of the operations are becoming increasingly important as borrowers begin to experience the economic realities of COVID-19 related restrictions and when they need guidance. These effects will be imminently seen, especially as unemployment claims rise at astronomical rates.
The servicing industry in particular is being called on to voluntarily support the financial systems in a way not seen since the 2008 financial crisis. Regulators are anticipating hardships related to imminent defaults caused by drop of income due to COVID-19. For example, the Department of Business and Oversight (“DBO”) reported that the State of California has reached agreements with national banks, credit unions and loan servicers to considering borrowers for loss mitigation options. The DBO states that numerous participating lenders and servicers have agreed to:
90-day grace period for all mortgage payments
Relief from fees and charges for 90 days
No new foreclosures for 60 days
No credit score changes for accessing relief
While almost all lenders and servicers have clear systems in place that stem from compliance with legislation like the Homeowner Bill of Rights and regulations prescribed by the Consumer Financial Protection Bureau, it is of critical importance that those systems are re-tooled to fit within this unprecedented pandemic.
As previously recommended, lenders and servicers should stay ahead of this crisis by starting COVID-19 specific loss mitigation plans and informing borrowers about options for relief. A protocol for handling these issues will be important as new requests for relief flood in and as regulators further engage the lending and servicing industry to pivot.
Please Note
This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.
About the Author
Ian A. Rambarran
Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee.
California lawmakers grappling with the effects of COVID-19 are issuing guidance and changing the rules on a frequent, sometimes daily, basis. Requirements on the residential unlawful detainer front have changed again.
On March 27, 2020, Governor Newsom refined, and to a certain extent superseded, his March 16th order affecting residential evictions in California. In Executive Order N-30-27, Governor Newsom harmonized the patchwork of responses from various counties after his prior order suggested restrictions on residential evictions spurred by problems related to COVID-19.
Executive Order N-30-27 focuses on two parts of the eviction process – the filing of the lawsuit and the actual eviction by the Sheriff.
First, the Order extends the timeline for a tenant to respond to an eviction complaint from five days to 60 days, if the reason for the eviction is nonpayment because of issues related to COVID-19 and the tenant satisfies all of the following:
a. Prior to the date of the Order, the tenant paid rent to the landlord pursuant to an agreement;
b. Before the time rent is due, or no more than seven days after the due date, the tenant notifies the landlord that there will be a delay in payment or nonpayment due to reasons related to COVID-19. For example, COVID-19 reasons for default may stem from:
sickness of the tenant or care of a household or family member with confirmed COVID-19;
layoffs, employment hour reductions, the state of emergency or related government response to COVID-19;
childcare issues because of school closures related to COVID-19.
c. The tenant verifiably documents the hardship by providing termination notices, payroll checks, pay stubs, bank statements, medical bills, and the like. The tenant can wait to provide this documentation to the landlord, but the tenant should do so no later than the time of payment of the back-due rent.
Second, the Order restricts the enforcement of a Writ of Possession while the Order is in effect and the tenant has satisfied the aforementioned requirements. Put another way, the Sheriff will not make arrangements to perform a lockout.
Tenants do not get a free ride, however. The Order makes it expressly clear that the tenant will be required to make back rent payments and that the Order does not apply if the tenant can make rental payments. Further, the Order will only remain in effect until May 31, 2020.
It is important to note that Executive Order N-30-27 does not affect commercial evictions. However, there may be restrictions on the commercial eviction front by way of local government action or some order in the future. For example, the Sacramento City Council passed temporary protections on March 25, 2020 to prevent commercial tenants from being evicted if the hardship stemmed from lack of patrons due to the state’s shelter-in-place order. To the extent there are problems in the commercial eviction space, a proactive dialogue between the landlord and commercial tenant is critical for business planning and operations, so it should be done without delay.
Please Note
This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.
About the Author
Ian A. Rambarran
Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
Ian A. Rambarran
The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee, originally published in the CMBA’s Member Alert on March 17, 2020.
On March 16, 2020, Governor Newsom issued Executive Order N-28-20 limiting evictions and foreclosures in California. View the full Executive Order.
Executive Order N-28-20 seeks to reduce potential public health issues related to foreclosures and evictions by keeping people in their homes and to provide hardship relief to people economically disenfranchised by COVID-19. Though the Order is not entirely precise, there are a few keys points to take away.
1. The Order authorizes local counties and cities to consider actions to halt evictions and foreclosures, if the reason for the default arises from COVID-19 related income issues.
COVID-19 related income issues are those caused by the reduction in compensable hours, layoffs, business income and consumer demand, as well as a lack of available income due to substantial medical expenses. The Order expressly recognizes that these income issues may have been caused by government imposed restrictions.
2. The Order requests that financial institutions halt judicial foreclosures and evictions, if the reason for the default arises from COVID-19 related income issues.
Though the effect of COVID-19 restrictions will begin to permeate the market for many borrowers and tenants in the next couple of weeks because of employer payroll cycles, it would be best practice to reach out to borrowers who default to stay ahead of any concerns. Even basic notices on websites, billing statements, and newsflashes informing borrowers what programs are available would help alleviate some concerns.
3. The Order asks the Department of Business and Oversight to work with financial institutions to consider alternatives to foreclosures.
At this time, it would be prudent to fine tune loss mitigation action plans to address borrower and DBO concerns before they reach out to you. For example, imminent default or financial hardship should be strongly considered, forbearance plans with extended payment times or modifications with recapitalized missed payments would be worth considering.
The above directives/suggestions are effective until May 31, 2020; however, it would certainly be prudent to halt all foreclosure and eviction activities for the same time so that the effect of COVID-19 is understood nationally and locally. Indeed, many counties have already instituted moratoriums and President Trump issued similar measures for HUD-based programs.
Maintaining that course of action would support the public policy behind Executive Order N-28-20 and help to ensure public health and safety will be strengthened by keeping people in their homes. Finally, postponing foreclosure and evictions will be likely viewed as a positive industry contribution to California and its economy.
Please Note
This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
It is easy to avoid planning when illness and tragedy are on someone else’s doorstep. Today’s COVID-19 pandemic is a reminder that every person is vulnerable to disease, instability, and loss. Its worldwide reach has created circumstances that most people never before considered, but which have always been possibilities. It is an opportunity to break from routine and to consider how to best protect your family and future if you become unavailable for any reason.
As we navigate the many impacts of the COVID-19 pandemic we are curating and delivering a multitude of updates on the legal obligations, risks, and potential solutions to arising challenges. Estate planning remains one of those critically important matters, too often set on the back burner. We are here to offer guidance and planning solutions to help you to make sure that your family and affairs are taken care of the way you want.
Self-Care for You and Your Estate During COVID-19
Self-care means taking action today to improve your health or circumstances tomorrow. Self-care is not limited to your physical well-being and should include ensuring that your financial, social, and emotional needs are met when the unexpected strikes.
Estate planning is not just about naming
your heirs. It also includes identifying the people in your life that you trust
the most to care for your loves ones, your own health, and your financial
stability when you’re sick, injured, or quarantined.
Here are ways that setting up an estate
plan with a Klinedinst attorney can help you to be prepared.
Guardianship Designation for Your
Children
It is important to carefully consider who you trust to take quick and immediate care of your children in the event of an emergency. The emergency guardian should be someone who has a flexible schedule and can be relied upon to remain proximately located to your child’s school or daycare. The emergency guardian is the childcare first responder who can rush to the home or school when there’s a fire, a lockdown, or another threatening event.
This person is often different than the
person you trust to raise your children if you are no longer able to. A
long term guardian may not live nearby, but they have the financial and emotional
stability to bring your child or children into their own family and raise them
with the same care and values you would have provided.
Power of Attorney to Pay Bills or Handle
Business
Durable powers of attorney are incredibly flexible documents that can impart authority to another person or agent. The level of authority can be as broad or as narrowly-defined as you wish, and is designed to designate your “backup” should you become incapacitated. If you are quarantined or hospitalized and require someone trustworthy enough to access your bank accounts, write checks on your behalf, or handle pending business, a power of attorney can be used to grant another person the authority to act on your behalf. That power can be revoked at any time, and only has an effect during your lifetime.
Self-Care Planning Through Advanced Health
Care Directives
An advanced health care directive is an opportunity for you to tell your doctors, nurses, and loved ones what is most important to you about your physical, mental and emotional health. If you value maximizing the time you have here on Earth, you can indicate your preference to receive any and all life-saving measures. If you prefer quality of life and minimizing pain, there is a wide spectrum of options that can be completely customized to your individual preferences.
One of the scariest aspects of not being well is not being able to express to the people around you what you need. With advanced care planning, we put an emphasis on identifying the people and circumstances that best contribute to your mental and emotional health. For some individuals, this means ample human interaction and engaging in high-stimuli activities. It might mean listening to classical music, and the attendance of a priest, rabbi, or another religious leader. For others, it means withholding food even when they cannot feed themselves. By setting forth in writing the people and circumstances that bring you the greatest peace and joy, you can help to ensure you’re cared for in the manner you wish, at all stages of life.
Wills and Trusts Ease the Burden of Your
Loss
By preparing a will and a trust, you can
alleviate the weight of the burden that death often leaves behind.
Unfortunately, for older Americans, there are many traps that cause heartache
and homelessness
for the ones that live the longest. Elderly lovers and companions often
remain unmarried, but share a home and other assets. If the person on
title dies first, the surviving partner often has no right to continue to live
in the home and can be evicted by the heirs. This can easily be avoided
by planning for your companion to receive the right to occupy your family home for the remainder of their
life, while your children retain the right to inherit it eventually.
For those who have a loved one who is
currently receiving needs-based benefits, special needs trusts can sometimes be established for purposes of receiving
your assets without jeopardizing their receipt of benefits.
And, for parents who own a home in
California, a trust can help to provide for your children for many years after
you’re gone. This is especially helpful when distributing assets to a
minor, as a trust can be structured to make distributions over time. The planning
you do now can help put your child through college, vocational training, or
other predetermined goals.
The COVID-19 pandemic is a perfect opportunity to enact some self-care for both you and your estate. Take action today so that you have the peace of mind to know that you will be cared for in the manner of your choice when you are injured, unavailable or infirm and that your loved ones will be safe and cared for when you’re gone.
Start Today with Remote Estate Planning
Klinedinst is proud to offer a 5-step remote estate planning solution:
Contact us by phone or email to let us know you’re interested. One of our attorneys will connect with you to make sure that our office is the best fit for your legal needs.
For no commitment or charge, we will provide you with our estate planning intake packet, so that you can tell us about the important people in your life and the assets that need protecting. This gives us a starting point so that we are better prepared to ask you the tough questions during the interview process.
When you’re ready to retain us, send us your packet and tender payment through our secure online portal.
Once we receive your packet and payment, we will schedule a consultation with one of our estate planning attorneys by call or video chat – your choice.
We do the rest! After our planning consultation, we will prepare your estate plan and follow up with you by email or phone if we have any further questions. When your estate plan is complete, we will contact you to discuss the best means of delivering and executing your plan.
About the Author
Tara R. Burd is an experienced probate and trust litigator, with specific emphasis on trust administration, probate avoidance, and probate litigation. Much of her career has been focused on helping clients navigate their way through breach of contracts, business disputes, partition actions, employment, and personal injury lawsuits. Ms. Burd has represented companies, partnerships, and sole practitioners in a variety of matters, and can be reached directly at tburd@klinedinstlaw.com.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.
During the unprecedented threat brought on by the recent coronavirus pandemic, Klinedinst stands ready to support you. The safety, health, and security of our clients, our employees, and our business partners is of paramount importance. Like you, we are monitoring the latest COVID-19 updates from a variety of governmental and health agencies, including the US Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). As such, we have in place contingency operation plans for all five of our Western U.S. offices.
As technology has evolved, so has the way we do business together. With enhanced technology and a robust infrastructure, all of our attorneys have the ability to work remotely with continued access to our secure systems and data. Our offices remain open, but should conditions warrant, Klinedinst will begin activation of processes and safeguards for remote deployment. One of our goals is to ensure the continued seamless provision of legal services.
Each Klinedinst office has measures and protocols in place to foster a safe, clean work environment. Within each practice group, client teams are organizing coverage to ensure availability of lawyers to handle time sensitive matters as needed. And while we love having clients meet us face-to-face, we are offering telephonic and video conferencing for client meetings and training. We are likewise working on systems to fully utilize CourtCall for court appearances and videoconferencing for depositions.
Klinedinst means business, and should the need to close one or more offices arise, we are committed to minimizing disruption in the counseling and legal services we provide.
The COVID-19 situation is incredibly fluid, with new guidance coming from authorities hourly. We ask everyone to stay ahead of the latest developments, to ensure the health and safety of themselves and their loved ones. However, businesses need reliable, trustworthy legal counsel during good times and uncertain times, and our resources are available.
The entire team at Klinedinst stands ready for you.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
Klinedinst PC is proud to announce that Steven K. Berenson, Senior Counsel, has joined the firm’s Professional Liability defense team.
SAN DIEGO, CA – Klinedinst’s newest member of the Professional Liability group is Steven K. Berenson, an esteemed litigator, academic writer, professor, and arbitrator. He has represented individuals and government entities in state and federal courts in a wide range of matters such as legal ethics, civil litigation, and family law.
Steven K. Berenson
In addition to his work in private practice, Mr. Berenson spent two decades as a full-time law professor, where he focused on family law, legal ethics, and veterans’ legal issues. He founded the Thomas Jefferson Veterans Legal Assistance Clinic, which today provides pro bono legal representation to homeless veterans struggling with substance abuse issues. A prolific writer, Mr. Berenson has published a textbook on judicial ethics, as well as two textbooks on family law. He has also written over 25 law review articles on a wide range of subjects. He regularly speaks on a variety of cutting-edge legal topics within the legal and business communities.
Mr. Berenson previously worked as an Assistant Attorney General in the office of the Massachusetts Attorney General. There, he focused on civil governmental litigation and consumer protection enforcement. He argued cases at every level of both the state and federal court systems and was a counsel of record in numerous reported decisions including those from the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First Circuit.
Mr. Berenson serves as a Pro Tem Judge in the Small Claims and Traffic Divisions of the San Diego Superior Court. He also serves as a volunteer fee dispute arbitrator for both the San Diego County and California Bar Associations’ voluntary fee dispute arbitration programs. He is a member of the San Diego County Bar Association’s Legal Ethics Committee.
Klinedinst PC is pleased to welcome Mr. Berenson to the firm. To learn more please visit: klinedinstlaw.com/profiles/attorney/steven-berenson
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
The California Consumer Privacy Act (CCPA) officially went into effect on January 1, 2020. The CCPA is a broad law enacted in the State of California that applies to businesses inside and outside of the state, as well as internationally. In discussing the CCPA with many business owners in and out of California, I consistently get the sense that many feel the law is quite onerous, expensive and not many know where to begin. In this article, I will address some practical tips on how to think through complying with the CCPA.
James D. Snyder
What is CCPA?
CCPA creates new data privacy rights for California consumers, requiring businesses to tell them what personal information has been collected and how the business (or any third party) is using the information. Consumers can force businesses to delete their data or prohibit the business from sharing personal information with third parties.
Does CCPA apply to my business?
Much has been written about the CCPA and how to determine if it applies to your business so we will not spend too time on it here. That said, it is important to understand the basics. The CCPA essentially applies to any for-profit entity doing business in California that collects, shares, or sells California consumers’ personal data, and:
Has annual gross revenues in excess of $25 million; or
Possesses the personal information of 50,000 or more consumers, households, or devices; or
Earns more than half of its annual revenue from selling consumers’ personal information.
If a business, therefore, leverages personal data from California residents and meets any of the three criteria above CCPA likely applies to it. CCPA also applies to any entity that owns, is owned by, or shares common branding with a covered business — so it is even broader reaching.
The doing business in California criteria is also likely an easy threshold to meet and does not require a business to have a physical location or employees within the State of California.
While the CCPA has various exemptions (i.e. other data privacy laws like the HIPAA or the Gramm-Leach-Bliley Act (GLBA)), these exceptions do not enable a business to avoid complying with the CCPA entirely—i.e. some data may be covered by HIPAA as an example and other data collected by the same business may still be subject to the CCPA.
The point being that the CCPA is broad-reaching and that, even if there is an exemption available to your business, it is not a safe harbor and businesses should have a plan to become compliant.
Practical Steps To Take Towards CCPA Compliance
Compliance Week estimates CCPA compliance costs will reach $55 billion, with small companies with fewer than 20 employees incurring initial costs around $50,000, midsize companies of 20-100 employees incurring initial costs of $100,000 and for those with 100-500 employees, the business will incur an estimated initial cost of $450,000. Given the potential expense and time involved in compliance, it is important to focus when creating an effective and practical approach to data privacy and CCPA compliance.
1. Do not try to boil the ocean—focus as a team!
It is important to establish a committee or working group with your business across major company functions from legal and finance to IT and R&D. In an initial set of meetings, it is vital that all functions understand each other’s roles in safeguarding data and ensuring CCPA compliance.
A base-level awareness of (i) what data is collected, (ii) who the data was collected from, (iii) by whom (i.e. third party vendors?), and (iv) where is the data located, etc, can be critical in the early stages of designing an effective and compliant data privacy program. In many instances, it may be necessary to involve a third party to assist with data mapping exercises to answer many of these questions. This initial meeting (or meetings) does not have to solve every issue but should serve as a good road map toward compliance.
Once the type of data, location of the data and purpose of the data retention are understood, then the group can turn its attention toward developing a policy to ensure compliance with the CCPA. Note here that the business may have other legal jurisdictions that are important to consider (i.e. GDPR for Europe) and the business should consult legal counsel, to assist in this part of the analysis.
2. Look at your business’s third party contracts.
Businesses need to know how third parties are collecting and sharing consumer personal data as a result of their relationship with the third party. To do this a business needs to know what is in its agreements. This is not an easy task. By simply reviewing contracts or a third party’s policies, a business will not necessarily have the answers it is looking for.
A practical approach here is to identify all third parties that the business works with or that has access to data in some way through your business (this could be as simple as access to the businesses website and therefore cookies). Once a list is assembled, it is helpful to have a technical team identify what it believes the third party may have access to and ultimately to ask the third party exactly what data they have and what they are doing with it.
If it is determined that the third party has access to data and is using it in a way that the business is not comfortable with, it may be necessary to renegotiate the third party contracts and prohibit the objectionable use. If nothing else, by understanding what third parties are applicable and what they are doing with the data, your business can respond to consumer’s requests as they come up now that CCPA is in effect.
3. Revise the business’s privacy policies and notices.
By now we are starting to see more and more websites with updated privacy policies and CCPA related wrappers. The CCPA requires companies to update their privacy policies annually.
In order to effectively update a business’s website to comply with the CCPA, the following must be incorporated into the updated policy (updated annually).
a. Identify the new rights available to California consumers by the CCPA. The CCPA creates the following new consumer-rights, all of which must be addressed in the updated policies. Businesses, therefore, need to inform consumers of their rights to the following:
(1) The business’ data collection and sales practices in connection with the requesting consumer. This needs to drill down to the categories of personal information collected, the source of the information, use of the information and, if third parties are involved, the categories of personal information disclosed or sold to third parties and the actual categories of third parties that the information was disclosed or sold to;
(2) The specific personal information collected about the requesting consumer, 12 months before their request;
(3) To have such the information identified in #2 deleted (see exceptions in the CCPA);
(4) To prohibit the sale of such personal information to third parties; and
(5) To not be discriminated against due to any of the new rights.
As a practical note, the policy should make it clear that consumers may make such requests up to two times per 12-month period and clarify the business will need to collect information from the consumer to verify their identity. Finally, clearly articulate the time frame to respond to such requests—45 days from receipt of a request, upon the aforementioned verification.
b. Identify at least 2 ways that a consumer can submit a request to the business. Personal requests must be able to be made via a web page and a toll-free telephone number. We recommend including a link to the web page here to make such requests. It is best to clearly describe the process to make the request, the process that the business will undertake it verify the request and the timeline for responding.
c. Provide a mechanism to opt-out from data collection on the website. Provide a link entitled Do Not Sell My Personal Information that should enable the consumer to opt-out of having her information sold. This link must appear in the footer of the website home page (and many feel it should appear on all pages on the website).
d. Identify all of the categories of personal information that have been collected by the business or its third-party providers for any consumer in the past 12 months (this can be updated annually—so if the business reduces the categories of data collected as an example, a year from the policy update the categories can be adjusted).
e. For each category identified in #4, identify the sources of such information. Also, include a list of the categories of personal information sold in the past 12 months.
f. Identify the purpose for the use of each category of collected information.
g. A list of the categories of personal information disclosed for a business purpose in the past 12 months.
4. Reconvene as a group regularly to ensure accountability and review the Regs where there is any confusion with the CCPA.
Have the working group meet with regularity and document the meetings (this can be a secretary for the meeting taking basic notes and filing the results as an example). The group should continue to make updates to the policies and procedures for the company as the law and regulations evolve and work toward compliance with the CCPA and other data privacy and security laws. The California Attorney General publishes regulations interpreting the CCPA and to provide businesses with guidance on how to comply with the CCPA. It is a good idea to monitor these regulations and any updates to the regulations or consult with legal counsel to understand the regulations.
On February 10, 2020, the California Attorney General’s office published a draft set of regulations that may help resolve some issues. The AG’s office will not begin enforcement of CCPA until July 1, 2020, and is legally required to publish the final regulations by such time.
James D. Snyder represents clients in business transactions, M&A, and data privacy issues. He provides legal and compliance counsel to emerging startups and established companies in areas involving licensing, finance and investments, data privacy and security, corporate structuring, contracts, patent, trademark, copyright, and domain portfolios. He is an accomplished speaker in the fast-evolving data security landscape, and has built a national reputation as a go-to for outside General Counsel advice.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
The San Diego Business Journal has featured Klinedinst Founder and Chief Executive Officer John D. Klinedinst in the 2020 San Diego 500. The San Diego 500 is an annual list of influential business and civic leaders making lasting changes in the regional economy.
This annual San Diego 500 features legends in the San Diego business community from a wide range of industries, including defense, manufacturing, service providers, financial and technology firms, life sciences, and real estate companies. Mr. Klinedinst is one of the few law firm leaders singled out for inclusion.
John D. Klinedinst
Mr. Klinedinst launched Klinedinst in 1983. He built a practice focused on representing clients in professional liability, business litigation, and intellectual property disputes. Today, the firm has nearly 140 employees in five offices spanning the West Coast, and features an interconnected network of litigators, trial attorneys, transactional lawyers, and probate professionals.
Klinedinst has been recognized by the San Diego Business Journal in previous years for his contributions to the business community, as well as the regional economy. In 2019, he was named winner of the Most Admired CEO Award, which he previously won in 2017 and 2011. The recipient of Martindale-Hubbell’s highest AV®-Preeminent™ rating, Klinedinst was named Best of the Bar (2014) for his litigation and trial work. He has also been featured in Super Lawyers® since the publication began reviewing attorneys in San Diego back in 2007.
San Diego Business Journal is one of the preeminent sources of business news and information on San Diego County’s companies, industries, and business people. The publication’s regular lists provide comprehensive data and statistics on top-ranked San Diego businesses and their decision-makers. They focus on changes and innovations in companies and individuals across all industries.
Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.
Klinedinst Senior Counsel James D. Snyder was a featured speaker for Privacy OC, a first-of-its-kind forum focused on evolving data privacy issues. Snyder’s in-depth knowledge on emerging trends in data privacy and legal compliance, as well as his experience in California Consumer Privacy Act (CCPA) took center stage at this inaugural event.
SAN DIEGO, CALIFORNIA – On January 28, 2020, James Snyder presented at the inaugural event Privacy OC along with other accomplished data technology authorities. The conference is an educational collaboration between data privacy professionals, academia, and government communities.
Privacy OC was created in response to the keen interest California-based businesses have to better understand and comply with the new California Consumer Privacy Act (CCPA) as well as increasing awareness of the global movement to protect consumers with their personal information. The event, which spun-off from a LinkedIn group by the same name, featured workshops, interactive presentations, product demonstrations and more.
James D. Snyder
Mr. Snyder explored California’s newly enacted CCPA and addressed the risks associated with a business’s failure to comply with the law. He also shared his insight on privacy law in the modern digital age. Other speakers included plaintiff and defense counsel who provided a view on the CCPA from both sides of the aisle.
In his practice, Mr. Snyder represents clients in business transactions, M&A, and data privacy issues. He provides legal and compliance counsel to emerging startups and established companies in areas involving licensing, finance and investments, data privacy and security, corporate structuring, contracts, patent, trademark, copyright, and domain portfolios. He has built a reputation as an outside General Counsel, providing legal guidance on a wide range of issues.
Klinedinst congratulates Privacy OC on the success of their first conference, and Mr. Snyder for helping educate attendees on the ins-and-outs of data privacy. To learn more about James Snyder please visit: klinedinstlaw.com/profiles/attorney/james-snyder
About Klinedinst
Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.
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