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THE LEGAL NAVIGATOR JULY 2023 IS YOUR PERSONAL DATA SAFE? What Happens When Companies Expose Your Information
In today’s digital age, we share our personal data online nearly every day. Not only that but our medical providers and government also store important documents in virtual databases. If you’re like most Americans, learning that sensitive personal data has been leaked or stolen can make you understandably upset and scared. This is especially true if that information reaches the wrong hands, such as those of identity thieves. According to the FBI, “over 100,000 personal data breaches occur every year,” with at least 50,000 reported identity theft cases. So, what happens if hackers access the data you’ve given to a company? Can you sue? Under the United States data breach laws, organizations are responsible for protecting people’s personal, financial, and health care-related information. If a company leaks the data you entrusted to it or is hacked, you can sue the organization. However, there is a catch. For a claim to succeed, a victim must prove that the data breach was due to the company’s negligence. One of the most prominent examples of a data breach due to negligence was in 2017, when Equifax, a credit bureau company, lost the personal and financial information of 150 million people. In this case, Equifax had been aware of an issue in its security framework for months and didn’t fix it. Even worse, when hackers exploited the issue, Equifax neglected to inform its customers for weeks after discovering it. According to Federal Trade Commission Chairman Joe Simons, “Equifax failed to take basic steps that may have prevented the breach,” ultimately resulting in a $575 million settlement. Many other companies, including Uber, Capital One, Meta (Facebook and Instagram), Home Depot, T-Mobile, and Amazon, have all settled similar suits. In nearly all these cases, the breaches resulted in weak security systems, which hackers exploited. If these companies had taken the proper precautions to ensure their data was fully secure with routine maintenance and transparency, the breaches would have likely never happened.
What should you do if you receive a notice of a data breach? If a data breach compromises your secure information, you have two options. Option one is to do nothing. While this may sound silly, many people believe losing their data is just a risk they take in our digital world, and the responsible organization won’t face meaningful repercussions anyway. Plus, it’s just easier to think something like a data breach is out of your control. However, it does come with the risk of imminent fraud. Option two is to consult a lawyer about filing a lawsuit against the company. Damages in data breach cases vary, but they often include compensation for credit monitoring and unauthorized charges to accounts, damage to credit, cost of credit repair and time spent investigating and fixing identity theft, and emotional distress the breach has had on you. While fraud protection and compensation can never get your data back, it can give you the peace of mind that if someone does try to use that leaked information, you’ll be protected.
Remember, many crimes have a statute of limitations for filing a claim, and data breaches are often one of them. So, acting immediately is essential if you or someone you know has received a notice.
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OUR ROADS ARE BECOMING MORE DANGEROUS!
Protect Your Family From Road Rage Shootings
Imagine this: You’re zooming down the interstate with your family, about halfway to your road trip destination. The windows are down, and you’re singing along to one of your favorite songs on the radio. It’s the perfect summer afternoon. Then, another car appears behind you and starts riding your bumper. The vehicle won’t stop tailgating, so you tap your brakes, hoping to startle them into leaving you be. It doesn’t work. Instead, the car revs its engine, and a hand emerges from the driver’s side window. BAM! Your back windshield shatters, and your family starts screaming. This situation might sound dramatic, but it’s happening more than ever on American roadways. In 2019, 225 people were shot in road rage incidents across the country, resulting in 67 deaths. In 2022, both of those numbers had doubled, with over 550 people being shot and 141 killed.
And the violence continues — in April 2023, two fathers in Florida opened fire on each other’s cars, leaving a 5-year-old and 14-year-old wounded. The Gas Fueling the Road Rage Fire Why are road rage shootings rising? Experts blame lingering anxiety from the COVID-19 pandemic, stress over the economy, political division, increased gun
sales, and the fact that many Americans keep guns in their cars. Legal Recourse for Road Rage Victims If you or someone you know falls victim to a road rage incident, you can seek justice in court. After you get medical attention, call a personal injury attorney. They’ll tell you whether you have a case, what type of case it is (civil, criminal, or both), and what steps to take to win and get compensation for your injuries. Protect Yourself From Angry Drivers First and foremost, don’t be an angry driver yourself! Avoid driving when you’re upset, keep your car comfortable to prevent yourself from feeling irritable, and pick a strategy to calm yourself down (like a mantra or breathing exercise). If an angry driver targets you , stay calm, move away from them, and don’t respond to their behavior. The second you feel scared or unsafe, call 911.
A TEXT OR EMAIL CAN BE A CONTRACT! What Makes a Document Legally Binding?
In the legal world, many firms rely on technology to communicate with clients. Processes and daily tasks have become seamless with the help of laptops and phones. But as tech continues to evolve, we must change how we view specific processes and legal steps.
For example, in the 2013 case of Forcelli v. Gelco . Gelco Corporation’s insurance company offered Forcelli money to settle a case — this correspondence happened through email. Forcelli agreed to the settlement but tried to back out once the matter was resolved. The New York Appellate Division determined that emails were legally binding. In the 2017 case of St. John’s Holdings, LLC v. Two Electronics, LLC, St. John’s Holdings (seller) sent multiple text messages to Two Electronics, LLC (buyer) asking them to sign a letter to finalize their deal. After a few attempts, the buyer responded to the text and agreed to the terms and conditions. However, the seller later informed the buyer that they had accepted an offer from another party. When this issue went to court, the judge determined that since both parties agreed on the terms and conditions via text, it was a binding contract. So, what is needed to make a contract legally binding? You need four elements: 1) an offer, 2) an acceptance of the offer, 3) consideration, and 4) both parties agreeing to create a binding relationship. Because technology constantly evolves, we must understand how it can affect us from a legal standpoint. If you have any questions or concerns, allow us to assist you. Give our office a call anytime!
When most people hear about contracts, they think of formal agreements between two parties, usually involving lawyers. However, a contract can be a text, email, or napkin! Here’s what you need to know. What is a contract? A contract is a written or verbal agreement between two or more parties regarding exchanging items or services. Under the ESIGN Act, text messages and emails are considered legally binding. Furthermore, no signature is required for a contract to go into effect — all that is needed is for all parties to agree to the terms outlined in the document. What about court cases regarding contract disputes via text or email? Over the past few years, several legal disputes have happened regarding if a text or email is considered a legitimate contract.
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A BATTLE OF HE SAID, SHE SAID
Gwyneth Paltrow vs. Terry Sanderson — When Skiers Collide
When you read about celebrity court cases, you probably think of music contract disputes, messy divorces, and settlements with ridiculously high dollar amounts. But the trial between Gwyneth Paltrow and Terry Sanderson was unlike any other. It regarded a ski slope collision that occurred seven years ago. On Feb. 26, 2016, Paltrow and Sanderson were at the Deer Valley Resort in Utah. They both enjoyed the slopes until a tragic accident occurred. The collision
prevented him from coping with life. Paltrow argued that Sanderson was the one who struck her from behind. When pictures of the collision appeared in court, it showed Paltrow on top of Sanderson — which could only happen if Paltrow was struck from behind. Additionally, Paltrow’s lawyers argued that Sanderson sued Paltrow to “exploit her celebrity and wealth.” Evidence strengthens this point because while Sanderson said he couldn’t cope with life, documents showed that he had taken multiple international and domestic trips since the accident. Furthermore, in an email between Sanderson and his children, he stated that he would be famous after the accident made the tabloids. So, how did the case end? After determining that Paltrow was the downhill skier, according to the images shown in court, they turned to the sport’s rules. According to the rules, the person further down the mountain (the downhill skier) has the right of way. This means that the person closest to the top of the mountain must yield. The jury found Paltrow not liable and awarded her $1 and legal fees. To Paltrow, this case was not about the money. She felt like her character and integrity had been threatened and she simply wanted to prove the allegations were false.
caused Sanderson to suffer a concussion, a brain injury, and four broken limbs. In January 2019, Sanderson filed a $3.1 million lawsuit against Paltrow. In return, Paltrow countersued for $1 plus attorney fees. Sanderson argued that Paltrow collided with him from behind while she skied on a beginner’s slope with an instructor. He also mentioned that his injuries
TAKE A BREAK
Matcha-Covered Strawberries
Inspired by TeakAndThyme.com
Ingredients
• 1 ¼ cups chopped white chocolate • 1 tsp matcha powder, ceremonial grade
• 14 fresh strawberries, rinsed and patted dry
Directions
1. Line a baking sheet with parchment paper and set aside. 2. In a microwave-safe bowl, microwave the white chocolate in 15–20-second intervals, stirring in between until it’s completely melted. 3. Add matcha powder to the melted white chocolate and stir until thoroughly mixed. Hold a strawberry by its leaves and dip it into the matcha chocolate mixture until it’s almost entirely covered. Shake off any excess chocolate, then place the matcha-covered strawberry on a baking sheet and let it harden. Repeat with remaining strawberries. 4. Fill a piping bag with leftover chocolate and drizzle strawberries with the chocolate. Let chocolate-covered strawberries completely harden at room temperature before gently peeling them off the parchment paper.
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Fishing Fourth
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INSIDE THIS ISSUE
Don’t Let Hackers Win!
1
The Scary Truth About Road Rage Shootings You Can Write a Contract on a Napkin!?
2
Gwyneth Paltrow Won Her Case and Received … $1? Matcha-Covered Strawberries
3
The Swine That Dared to Defy
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AN UNCONVENTIONAL ‘BACON’ OF HOPE
The Story of the Danish Protest Pig
In the 19th century, Denmark and Prussia couldn’t agree on where to draw their border. Both countries refused to concede or couldn’t reach an agreement on which country would ultimately control Southern Jutland, which today is Germany’s northernmost state called Schleswig-Holstein. This refusal to compromise ultimately led to war, and in 1848, Denmark won control. However, their victory was short-lived, as roughly a decade later, the Second Schleswig War was underway. This time, though, Prussia was victorious. After their victory, the Prussian authorities slowly began to move into the peninsula, implementing new laws over the Danes living there. These new laws prohibited anything Danish,
crossbreed their pigs to create a new breed, one that had the same markings as the Danish flag. These pigs were red in color, with one white vertical stripe and one white horizontal stripe. The farmers named their new pigs Protestschwein, or the Danish Protest Pig. This protest pig quickly became the mascot of Danish cultural independence, and their efforts didn’t go unnoticed by Prussian authorities. In 1881, a local Prussian police station sent communications back to the government in Berlin that farmers were breeding strange-looking pigs. However, while they could not prove that farmers were knowingly breeding the pigs to look like the Danish flag, “it was believed that the farmers were well aware
of this and that this pig represented an affront to the Prussians,” according to records from the Red Holstein Breeders Association. Today, the Danish Protest Pig is recognized as its own breed but has a different name: the Husum Red Pied. And, the now-German state of Schleswig-Holstein supports the protection of this pig due to the cultural significance it offered its Danish ancestors so many years ago.
including all uses of the Danish flag. Needless to say, the Danes were not happy — especially the farmers. These Danish farmers knew they had to protest this oppressive Prussian government, but they couldn’t just publicly wave the Danish flag. So, they got crafty. Danish farmers began to
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