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Karin M. McGinnis

With two decades of experience as a practicing attorney, labor-and-employment lawyer Karin McGinnis is known as a true business partner when litigating and providing counsel on a host of employment law issues. Karin provides a single source of comprehensive employment law experience, including misappropriation of trade secrets, employee raiding and breach of noncompetition agreements, wage-and-hour litigation and advice, discrimination, harassment and leave issues, mass layoffs and employee severance, and international employment advice. Her non-fragmented approach ensures that her clients’ unique situations are appropriately vetted, strategized and handled. Her wide range of experience enables her to spot potential issues for her clients before they are raised by employees, the government or opposing counsel. Karin’s clients find that she has a strategic and practical perspective and the ability to advise on preventive measures, provide corrective solutions, and fully litigate her clients’ issues. This bespoke, forward-thinking approach saves employers time, money and grief in the long run.
Karin M. McGinnis has written 11 posts for Data Points

New Mexico Becomes 48th State to Enact Data Breach Statute

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico follows some trends we’ve been predicting at the state level.  These trends include covering encrypted data … Continue reading

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

We don’t see a lot of data breach litigation here in the Fourth Circuit, so it is notable that the Fourth Circuit Court of Appeals issued an opinion recently that weighs in on the standing debate (For more on the debate: Constitutional Standing Provides Fertile Battleground In Data Breach Litigation). In Beck v. McDonald, the plaintiffs in … Continue reading

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company.  It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss through misuse of the data.  Not all victims, or courts, agree.  As a result, standing, … Continue reading

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC has taken the position that its complaints and orders set the standard for adequate data security (DataPoints: Reading … Continue reading

EU Article 31 Committee Approves EU-US Privacy Shield

EU Member States (the Article 31 Committee)  approved today the EU-US Privacy Shield.  The next step is formal adoption.  The full press release can be found here.

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Tandy Mathis and Karin McGinnis Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade secrets.  The Defense of Trade Secrets Act (“DTSA”) both provides another tool for companies to pursue misappropriators of … Continue reading

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use of model contract clauses to transfer EU citizens’ data from the EU to the U.S. as … Continue reading

President Obama Signs New Privacy Law – Judicial Redress Act

On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government agencies if their personal data is unlawfully disclosed.  The  Act provides that the U.S. Secretary of State, the Treasury Secretary and … Continue reading

US and EU “Privacy Shield” Framework for Cross-Border Data Transfers Submitted to Article 29 Working Party Today

by Privacy & Data Security Member Karin McGinnis

Federal Trade Commission PrivacyCon 2016 Recap: Insights into the FTC’s Perspective on Privacy and Data Security

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The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. Moore & Van Allen’s Privacy & Data Security Group recognizes the challenges clients face in the effort to stay abreast of such volatility. “Data Points” seeks to educate by providing transparent and cutting-edge insight on the most critical issues and dynamics. Our goal is to inform business decision-makers who are navigating these waters about the information they must protect, and what to do if/when security is breached.

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