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NEBRASKA PARALEGAL ASSOCIATION

IN BRIEF

VOLUME MMXVIII ISSUE 2

AUGUST 2018

IN THIS ISSUE: From the President ..... 1 Save the Dates ............ 2 Relay for Life ............... 4 New Members ............. 5 District News ............6-7 Getting to Know Your Officers .................16-17 Data Breach 101: Is Your Nebraska Business Prepared? .............20-22

FROM THE PRESIDENT: BRIDGET STUHR, ACP Another summer has come and gone and the kids are heading back to school. (I know I am not alone when I say, THANK GOODNESS!!) I am looking forward to the next stage as our family attempts to get back into some semblance of a routine and I am hopeful the new school year allows us to step back and breathe a bit before the next flurry of activities hit. I must also admit, however, I am a bit apprehensive for what lies ahead. We are jumping in with both feet as we help our girls make the shift to a new school, in a new community. Fortunately, we have met an amazing group of people who have been extremely welcoming, who have selflessly volunteered to help us as we tread trough the unknown territory that lies ahead and we couldn’t be more grateful for the outgoing show of support we have received so far. We are truly looking forward to fully immersing ourselves into this new community over the next year or so. I am confident the same philosophy applies to NePA as well – a little preplanning and a good network can make all the difference. In preparation for NePA’s next fiscal year, we are looking for members who are ready and willing to jump in and assist with the next phase. If you have been contemplating whether to run for an office, show interest for an appointed position, or volunteer as the chair or serve as a member of a committee, I would like to be the first to ask if there is anything I can do to help you weigh the possibilities. What can the Board and I do to help make the next year just as good (or even better!!) than this one? We are here to answer any questions you may have about NePA and about any of the roles within our organization. Please do not hesitate to reach out and let us know what you might be interested in. As we look forward to welcoming the next set of Board members, the current Board has vowed to assist and mentor the newly elected and appointed members of the Board for at least three months after induction, to ensure new Board members have the proper guidance and resources available to succeed after taking on their new role. We have a handful of members who have already put their names into contention for the various officer positions and I am hopeful that there are other members who will step forward as well.

www.nebraskaparalegal.org

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SAVE THE DATES September 13-14th - Recognition Breakfast, Fall Seminar and Annual Meeting (Scott Conference Center, Omaha) October 24th- District I Luncheon (Labor & Employment Legal Update, Scott S. Moore of Baird Holm LLP) November 7th - District II Luncheon (How

to Respond to a Serve from the NEOC and Navigate the Investigative Process, Ben

Watson or Brandie Hinkle of the Nebraska Equal Opportunity Commission

President’s Message Continued:

November 28th - District I Luncheon (TBD)

Don’t forget, NePA is an association, working together towards a common goal. The Board of Directors is the epitome of that. We are on the Board because the Nebraska Paralegal Association is important to us. In some way, this association has helped us become who we are, whether on a personal level, professional level, or somewhere in between. We are a strong association because someone within reached out and offered help, guidance, or merely gave a reassuring smile, which was enough to keep us coming back. We were welcomed and made comfortable, allowing us to grow beyond what we thought was possible. Just like the people who have gone out of their way to help encourage my children and get them excited about their new school, I would LOVE to be part of the group that not only makes you excited to be a paralegal in our community, but makes you feel welcome and excited to be a part of the Nebraska Paralegal Association! I hope you will all consider the benefits of joining me on the Board by running for one of the offices and I truly look forward to seeing what our future in NePA will hold.

January 23rd - District I Luncheon (Wind Farms, David Levy of Baird Holm LLP) February 13th - District II Luncheon (TBD) February 20th - District I Luncheon (The

European Union’s GDPR Has Changed the World of Privacy Law, Rick Jeffries of Cline Williams)

March 27th - District I Luncheon (Ethics, Speaker TBD) April 12th - Spring Seminar and Mid-Year Meeting (Mahoney State Park, Ashland) May 15th - District II Luncheon (Developing Defensible Deletion Strategies, Reggie Pool, HBR Consulting LLC - Ameritas, 5900 O Street, Lincoln) May 22nd - District I Luncheon (TBD) June 26th - District I Luncheon (TBD)


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LETTERS TO THE EDITOR Quote

Do you like what you’ve seen in this issue? Do you have questions or comments? Notice an error? Let us know at: shannon.persoma@koleyjessen.com.

Publications Committee:

Publications Committee Members Shannon Persoma, Chair Jill Lorkovic Kimberly Brown, ACP Amber Roberts, ACP Kim Hansen Nicole Day, ACP

SAPPHIRE SPONSOR


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RELAY FOR LIFE The American Cancer Society’s Relay for Life event was held on June 30, 2018 at the City Park in Papillion, NE. We’re pleased to announce that we raised $2572 this year! This put us in the Bronze category and we won the Top Business Fundraising Team for the 2nd year in a row! While the weather didn’t cooperate (we might have had a mad dash to the cars when it started to pour!), we did get to spend a couple of hours soaking in the atmosphere which I always find to be hopeful, energetic, and family-oriented. The survivor and caretaker laps were espe- After our crazy run through the rain! We were SOAKED! cially inspiring! We also drew for the winner of the handmade shawl and are pleased to announce Bridgett Sanne of Dvorak Law Group is our big winner. Congratulations Bridgett!! The money raised will be used to further cancer research and make medications, treatments, and other support programs available for those struggling with cancer in whatever form. Thank you for your continued support of this important cause and we look forward to next year!!

Our large NePA luminarias purchased by our anonymous donor.

Finding Dixie was the entertainment for the night and did a great job!

While we were there, NePA had team members on the track supporting the fight against cancer.

Handmade shawl


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NEW MEMBERS

WELCOME NEW MEMBERS!!!!! Stephanie Swanson - Active Lisa Kritenbrink - Active Schenae Stoelting - Active Jade Morgado - Associate Kayleen Doll - Associate Calyssa Cisneros - Associate Alee Guthrie - Associate Megan Hernandez - Student


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DISTRICT I & II NEWS Excitement is in the air for this In Brief! If you missed this year's lunch meetings for District I and II, do not fret as our Fall and Winter programs are just around the corner. See the details below for our Future Meetings so you may calendar them now. District I

Kim Brown, District I Director

In March, Bryan Sloan and Brian Purcell of Koley Jessen provided a Tax Reform 2018 Update which described all the changes we can expect next year when we file our personal taxes as well as for our companies. It was very well received and the presenters were great. In May, Nicholas Lesiak of Koley Jessen presented It's 11:00pm –

Do You Know Where Your Employees Are?: Chipping, Wearable Technology & BYOD. 1 hour of CLE was offered and we all got a wealth of knowledge especially related to policies we should have in place.

The membership's District I lunch attendance has increased with the offering of CLE at a few of our lunches per year. This has been well received by the membership and we look forward to continuing to offer the CLE at upcoming lunch meetings. Laurie Montag, District II Director

District II

In February, Daniel Oldenburg of Cline Williams Wright Johnson & Oldfather, LLP, presented Bordering on Madness: Making Sense of U.S. Immigration Laws. Dan gave us great information and insight into both the nuts and bolts of immigration and the current issues and challenges our nation faces. In May, Brett Baalhorn, Case Coordinator for the NSBA Volunteer Lawyers Project, presented

Volunteer Lawyers Project: Helping Lawyers Help People. Brett talked to us about the nature of

the VLP, how the project works, and the contributions that can be made by paralegals.

In June for District I and August for District II, Jonathan Burlison from the NE Department of Insurance presented A Paralegal's Guide to Medicare which provided an overview of the Nebraska Senior Health Insurance Information Program, Medicare benefits in Nebraska, and Medicare as a Secondary Payer. He provided the slides to NePA following his PowerPoint presentation along with his notes, which was helpful to those who attended. Thank you again for your attendance at both District I and District II lunches. Please feel free to contact us if you have any questions, concerns, suggestions, or additional feedback – we would love to hear from you!


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DISTRICT I & II NEWS CONTINUED Save the Date - District I October 24, 2018 Labor & Employment Legal Update, by Scott S. Moore of Baird Holm LLP. (1 hour CLE to be offered) November 28, 2018 Topic and Speaker - to be announced! January 23, 2019 Wind Farms, by David Levy of Baird Holm LLP. February 20, 2019 The European Union’s GDPR Has Changed the World of Privacy Law in conjunction with the Nebraska Chapter of ARMA, Int’l., by Rick Jeffries of Cline Williams Wright Johnson & Oldfather L.L.P. (1 hour CLE to be offered) (Note: This luncheon will have a slightly altered schedule and be held at Beacon Hills, 6750 Mercy Rd, Omaha) March 27, 2019 Ethics, Speaker to be announced. (1 hour Ethics CLE to be offered)

Save the Date - District II November 7, 2018 How to Respond to a Serve from the NEOC and Navigate the Investigative Process, by Ben Watson or Brandie Hinkle of the Nebraska Equal Opportunity Commission. February 13, 2019 Topic and Speaker - to be announced! May 15, 2019 Developing Defensible Deletion Strategies in conjunction with the Nebraska Chapter of ARMA, Int’l., Reggie Pool, HBR Consulting LLC (1 hour CLE to be offered) (Note: This luncheon will have a slightly altered schedule and be held at Ameritas, 5900 O St., Lincoln)


Labor & Employment Update Speaker: Scott S. Moore, Partner Baird Holm LLP

October 24, 2018 **1 hour of CLE

Cost: $12 Member $17 Non-Member

Anthony's Steakhouse 7220 F, Street Omaha, NE 68127 11:00-11:30 Networking 11:30-12:30 Lunch & Education Register:  http://nebraskaparalegal.org/ starting September 7th


NEBRASKA PARALEGAL ASSOCIATION

2018 RECOGNITION BREAKFAST You are invited to join the Nebraska Paralegal Association for our 2018 Recognition Breakfast where we will honor our award winners and recognize all the effort members have put forth the previous year to make our association shine. All members of your office (attorneys, judges, paralegals, office administrators, etc.) are invited to attend this wonderful event. We will serve a full breakfast buffet and present a special program recognizing the important role of our paralegals in the legal community.

Keynote Speaker: Susan Ann Koenig, Of Counsel at Koenig Dunne, well-known attorney, executive coach, and author.

Thursday, Septem ber 13, 2018 at 8:00 a.m . Scott Conference Center, 6450 Pine Street, Omaha, NE 68106

Cost: $20 per person (includes full breakfast buffet) Register at http://nebraskaparalegal.org/index.php. September 6, 2018.

Registration Deadline is

Payment may be made at http://nebraskaparalegal.org/payments.php or send a check to Nebraska Paralegal Association, Attn: Recognition Breakfast, PO Box 24943, Omaha, NE 68124. Please include a list of those you are paying for with the check. If you have any questions or more than 5 people to register and would like assistance, please contact Amber Roberts at amber.roberts@gavilon.com.


The Power of Paralegals NePA's Recognition Breakfast, Annual Meeting and Fall Seminar **Up to 10 hours of CLE, including 1 hour of Ethics

Keynote: Susan Ann Koenig Attorney, Executive Coach, Author and Motivational Speaker

September 13 and 14, 2018 Scott Conference Center 6450 Pine Street Omaha, NE 68106 Cost: Members - $65 (2 day), $35 (1 day) Student Members - $30 (2 day), $20 (1 day) Non-Member - $85 (2 day), $45 (1 day) Anyone - $20 (first session, meeting, lunch) Recognition Breakfast on 9/13 - add $20 Details at: http://nebraskaparalegal.org/events.php?calendarid=33

Register by 9/6/18 at http://nebraskaparalegal.org


SPEAKER LINE-UP

Susan Ann Koenig

Mark Nastasi

Sally Bisson-Best

Joel Carney

Joshua Woolf

Abigail Johnson

Jill Holmquist

Dave Proksel

Leah Georges

David Kramer

Andrew Sagartz

Scott Swanson

Michaela Seidl


AGENDA Thursday, September 13, 2018 8:00-9:00

Recognition Breakfast Keynote: “The Power of Paralegals” – Susan Ann Koenig, Of Counsel at Koenig Dunne

9:00-9:20

Registration

9:20-9:30

Opening Remarks and Announcements

9:30-10:30

The Miracle of Multi-tasking and Other Myths Susan Ann Koenig, Of Counsel at Koenig Dunne Do you ever ask yourself “Where did my day go?” Do you struggle with finding time for big projects? Would you like more focus and less overwhelm with your workload? Join attorney turned executive life coach Susan Ann Koenig as she challenges our beliefs about multitasking and our use of time. Learn how to move your efficiency to the next level as Susan shares practical skills for paralegals to have more pleasure and more productivity in their days.

10:45-11:45 Annual Membership Meeting and Election of Officers Bridget Stuhr, ACP 11:45-12:45 Lunch 12:45-1:45

Contract Management in the Digital Age Mark Nastasi, Founder and Executive VP of CobbleStone Software In this day and age of information overload and the constant influx of emails, it’s hard to keep everything straight. This becomes especially relevant when talking about contracts and managing the workflow process, signatures, storage of active files and what to do with them after they expire. Join us in this session as we explore the challenges facing contract management and tools you can leverage in the digital age to help you manage a contract through its entire lifecycle.

2:00-3:00

When Memory Fails: False Eyewitness Identifications Leah Georges, President of the Board of Directors for the Nebraska Innocence Project Nearly 360 people in the United States have been exonerated by DNA testing for crimes they did not commit. Eyewitness misidentification, the leading cause of wrongful convictions, contributed to approximately 71% of these wrongful convictions. Wrongful convictions happen everywhere, including Nebraska. This presentation will shine a light on the leading causes of wrongful conviction and discuss the psychology of eyewitness misidentification. It will also describe the best practices about how to improve the accuracy of eyewitness identifications and discuss a recent Nebraska statute that requires law enforcement agencies that conduct eyewitness identifications to adopt a best practices policy.


AGENDA 3:15-4:15

Sex, Drugs and Rock and Roll: Timeless Topics in the Practice of School Law David Kramer, Attorney at Baird Holm Take a walk on the wild side of school law as this session focuses on how the more things change, the more things stay the same. Sexting, Bullying, Bathrooms, Gender Identity, Free Speech, and Social Media are all topics that are arguably new twists on age old issues. From breakfast to dinner and everything in between, this session will explore the kinds of legal issues schools face today as their roles have expanded.

4:15-4:30

Closing of Day 1

Friday, September 14, 2018 8:00-8:25

Registration and Continental Breakfast

8:25-8:30

Opening and Announcements

8:30-9:30

Ethics Panel: Navigating the Grey Areas Sally Bisson-Best, Director of Legal Studies/Pre-Law Program at College of Saint Mary; Joel Carney, District 2 Member on the Nebraska Commission on the Unauthorized Practice of Law and Partner at Goosmann Law Firm; and Andrew Sagartz, Interim Director of Paralegal Program at Metropolitan Community College Ethics is arguably the most important aspect of being a paralegal. It’s a topic that is so important that paralegals are required to take continuing legal education credits in ethics to maintain a Certified Paralegal credential. It’s also one of the more difficult subjects to discuss because while certain scenarios are obviously illegal, often we must operate in a grey area given different parameters and rarely are two situations exactly the same. Join our panel of experts who will help us navigate these grey areas to keep us on the straight and narrow path of being ethical paralegals.

9:45-10:45

Workers’ Compensation Tips & Tricks Joshua Woolf and Abigail Johnson, Attorneys at Engles, Ketcham, Olson & Keith, P.C. Workers’ Compensation seems simple enough from a layman’s perspective. It’s a system of insurance that reimburses an employer for damages that must be paid to an employee for injury occurring in the course of employment. From a practitioner’s perspective, however, this system is riddled with mazes and pitfalls that can catch even the savviest lawyers and paralegals unprepared. This presentation will offer a brief overview of workers’ compensation practices as well as many tips and tricks from current paralegals on how to navigate through the turbulent waters and arrive safely on shore. We’ll also discuss recent decisions in Nebraska and their effect on workers’ compensation.


AGENDA 11:00-12:00 What is Information Governance & Why Should I Care? Scott Swanson, Past President of the Nebraska Chapter of ARMA, Int’l In a time when information is exploding, and we are all constantly bombarded with emails, instant messages, phone calls and the internet, it’s hard to focus on what’s important and necessary to do your work effectively. Proper Information Governance (IG) is the key to keeping your employees sane and your clients happy. IG allows you to organize relevant information, keep it for the appropriate length of time and dispose of it in a legally defensible way when it’s past retention and usefulness. In this session, we’ll discuss what information governance is and how it impacts your daily life, positively or negatively, as well as tips to get your company setup with proper information governance moving forward. 12:00-1:00

Lunch

1:00-2:00

Recognizing and Dealing with “Juror Bias”: Insights for Winning Jill Holmquist, President of Forensic Anthropology, Inc. Litigation is a tricky business whether criminal or civil. One of the most difficult things to understand and predict is the response of the jury. Join us in this session as we discuss how we think, biases we carry with us, and how you can use that knowledge in litigation to get the best outcome for your client!

2:15-3:15

Title & Closing Essentials Dave Proksel, Nebraska Operations Manager, VP & Underwriting Counsel of First American Title Insurance Co. This presentation will focus on the essential components of a successful commercial real estate transaction. The topics discussed will include the closing of the transaction and commercial title insurance.

3:25-4:25

Workplace Technology: Working Smarter, Not Harder Michaela Seidl, Certified Paralegal and Chief Information Officer at Koenig Dunne Whether you are new to the legal field or a veteran, one thing is certain: technology is here to stay. Technology can increase productivity and efficiency with just a little learning on your part. From managing email to preparation of trial exhibits – there is always a tool available to make the paralegal world less stressful. In this session we will look at processes, communications, tools, security, and simple hacks to make your work day easier…and inspire you to use what you have to increase efficiency in how you work.

4:25-4:30

Closing


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GETTING TO KNOW YOUR OFFICERS – TERI GIBBONS What is your current position on the board? Past President How long have been on the NePA board? I have held various Board positions since 2006. What Board positions have you held? District 1 Director (twice) Parliamentarian President-Elect President Do you work at a law firm, government or a business? I work at a law firm, Koley Jessen P.C., L.L.O. How long have you been a paralegal? 30+ years Can you tell us why you chose to become a paralegal? I didn’t exactly choose to become a paralegal, but I began working as a legal secretary and eventually took on more and more responsibilities, and ultimately transitioned into a paralegal position. Can you tell us what is most satisfying about being a paralegal? I enjoy the journey of following the progression of a case from start to finish with all its twists and turns. What tasks or projects do you enjoy working on the most at your law firm? I enjoy reviewing the documents we receive from clients and determining the issues of a case in preparation to draft the complaint and doing online investigations to locate people or assets. I also enjoy trial preparation and going to trial as well as learning new technology to assist us in our job. It is hectic and sometime overwhelming, but I still enjoy it. What advice would you give to new paralegals who want to reach a high level of success in the paralegal field? A paralegal must be focused on the details. Attorneys often don’t want to deal with the details during the progression of a case, they like to focus on the big picture. It is the job of the paralegal to notice the small things that can be crucial to case preparation. Be thorough and check and recheck your work, whether it be a letter or an important damage calculation. Take pride in your work and always strive to do your very best to represent yourself and your firm or company.


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GETTING TO KNOW YOUR OFFICERS – SHANNON PERSOMA What is your current position on the board? Publications Editor How long have been on the NePA board? Since September 2017. Have you served on the Board in different positions? No. Do you work at a law firm, government or a business? Law Firm – Koley Jessen P.C., L.L.O. How long have you been a paralegal? Since 2008. Can you tell us why you chose to become a paralegal? Honestly, for as long as I can remember I wanted to be a paralegal. At first, my life took me on a different path. I became a military wife and my plans changed. It wasn’t until I went through a divorce and became a single mom, that I realized that there was no better time to finish my dream/goal. What is most satisfying about being a paralegal? For me, it is being part of a trial team. There’s satisfaction in knowing that in that courtroom, on that day, at that time, you and your firm left it all on the floor. There was nothing you could have done any better. You executed everything that came your way. What tasks or projects do you enjoy working on the most at your law firm? I like all aspects of my job but some of the greatest moments of my professional career have occurred in the courtroom. It is an awe-inspiring place, a place where one can truly engage in the pursuit of excellence. Put simply, it is where I was meant to be. What advice would you give to new paralegals who want to reach a high level of success in the paralegal field? You will work hard and have long hours but it's worth it. The job has so much to offer. There is so much to learn and every day is different, as is every case. It is a job that involves daily sprints and weekly or monthly marathons. When it comes down to it, there is nothing more satisfying than standing up for a client whose adversary is some textbook Goliath in the legal arena. You will play an integral role in a firm’s success.


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DATA BREACH 101: IS YOUR NEBRASKA BUSINESS PREPARED? In the digital age, it is the nightmare scenario for any business: the dreaded data breach. Every other week, it seems as though another high-profile company has fallen victim to cyber criminals and must issue a sweeping disclosure notifying customers and clients that their personal data may be at risk for improper use. Major events like the Target and Equifax data breaches have garnered significant news coverage due to the volume of data compromised and ensuing consumer litigation. However, statistics show that over seventy-five percent of all cyberattacks are carried out against small to mid-sized businesses, and those companies similarly face breach notification requirements if customer data is compromised. What is even more shocking is the number one cause of business data breaches: employee error. Against that backdrop, it is critical for employers to know the risks that they face and what may be required of their company in the event of a data breach. Although Congress has proposed multiple different cybersecurity laws in recent years, few bills have actually been passed. Because of that, the current legal landscape in the cyber arena is a veritable "patchwork quilt" of laws, with specific requirements that vary from state to state. In Nebraska, data breach events are covered by the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006, Neb. Rev. Stat. § 87-801, et seq. (the "Data Breach Act"). Under the Data Breach Act, any company that conducts business in Nebraska and that owns or licenses computerized data that includes personal information about a Nebraska resident must conduct a reasonable and prompt investigation when it becomes aware of any breach of the security of its system. Providing notice is not automatic after a breach; the Data Breach Act says that a company only has to provide notice if it reasonably determines that information has been compromised and is likely to be used for an unauthorized purpose. Where notice is required, it must be given to all affected Nebraska residents, as well as Nebraska’s Attorney General. Notice may be delayed if a law enforcement agency determines that the notice could impede a criminal investigation into the matter. Even if a hacker gains access to your company’s computer system, some events may not trigger notification requirements. For example, a "breach of the security of the system" means "the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of personal information maintained by an individual or a commercial entity." Neb. Rev. Stat. § 87-802. In simple terms, even if a hacker gets access to your data, there is no reporting obligation if the data is scrambled such that it is effectively useless without some sort of key for them to unscramble what they are looking at. However, the Nebraska legislature amended the Data Breach Act in 2016 to make it clear that companies still have to provide notice where encrypted data is breached if it is believed that the hacker also could have obtained the decryption key.


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DATA BREACH 101 CONTINUED Similar to the above example, notification is only required if "personal information" about a Nebraska resident is subject to unauthorized disclosure. "Personal information" includes a Nebraska resident’s first name or first initial and last name in combination with any one or more of the following: social security number; driver’s license or state identification card number; account, credit, or debit card number combined with any required security code, access code, or password that would permit access to the financial account; unique electronic identification number or routing code in combination with any required security code, access code, or password; unique biometric data such as fingerprint, voice print, or retina or iris image; or username or e-mail address in combination with a password or security question and answer that would permit access to an online account. At first blush, the notice requirement of the Data Breach Act seems simple enough: where an unauthorized breach occurs, a company must provide notice to the affected Nebraska resident as soon as possible. Unfortunately for most companies, the devil is in the details. A typical breach event will involve the compromise of data for hundreds, if not thousands, of individuals. If the class of affected Nebraska residents can be positively identified, notice can be provided by letter, telephone, or electronic means. However, if the company does not have sufficient contact information to provide individualized notice, or if doing so would either cost more than $75,000 or the affected class includes more than 100,000 Nebraska residents, substitute notice must be given. Substitute notice requires taking all of the following actions:  Sending e-mails to all affected individuals or entities to the extent the company has e-mail contact information;  Placing a conspicuous posting on the company’s website regarding the breach; AND  Providing notice to major statewide media outlets for publication. [1] Given those requirements, any data breach event affecting Nebraska residents will almost certainly result in significant time and effort that must be expended by a company to comply with legal obligations. Those efforts will be in addition to costs associated with internal remediation of the breach and public relations fall-out from the event. Further, the Data Breach Act only covers compliance obligations related to compromised data involving Nebraska residents. For multi-state employers that collect and store data about individuals in various states across the country, a breach event will likely trigger compliance obligations under the laws of multiple states. In addition, companies that do business internationally and collect information from either employees or customers abroad may be subject to strict requirements for protecting that data and stiff penalties in the event of a breach.


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DATA BREACH 101 CONTINUED In light of the high cost to a company in terms of time, reputation, and compliance efforts associated with a data breach, what can companies do to avoid a catastrophic breach event? A good first step is ensuring that your business has appropriate technical safeguards to protect sensitive data that you maintain. This will include things such as maintaining a firewall for your computer system and making sure that anti-virus and other protective software is kept up to date. Keeping separate back-ups of important data is another good practice in order to allow you to reboot and continue operating should a hacker lock you out of your system or delete necessary files. It is additionally recommended to secure any devices that contain company information. Things like laptops, tablets, and smart phones should be password protected and the company should have the ability to remotely wipe a device in the event that it is lost or stolen. By far and away, however, the biggest cyber threat facing an organization is employee error. Whether it is a targeted phishing scheme meant to trick a key employee or a simple link or attachment containing infectious malware, studies show that employee mistakes are the most common cause leading to data breach events. Conducting regular training to improve overall awareness and the ability of employees to identify cyber threats may be the easiest way for companies to help mitigate potential issues. Similarly, ensuring that employees regularly change their systems access passwords and segmenting who has access to particular types of data will help limit what a hacker can do if they happen to gain access to your system. Lastly, having a robust data breach response plan and making sure that key employees know their individual responsibilities in the hours and days following a breach event will ensure that your company is well-positioned to weather the cyberattack storm. In an increasingly technology-driven world, cyber and data-related issues will only become more prevalent for businesses across the United States. The attorneys of Koley Jessen’s Employment, Labor and Benefits practice group are here to help prepare your workforce to be ready to meet these issues head on. For additional assistance in creating a plan to help mitigate cyber risk, or to respond to a breach event, the attorneys of Koley Jessen’s interdisciplinary Data Privacy and Security team are also ready to assist your team today.

[1] Certain substitute notice requirements under the Data Breach Act are different for companies with 10 or fewer employees who can demonstrate that the cost of providing notice will exceed $10,000.

This post first appeared on KoleyJessen.com on 04/02/18 written by Nate Burkman copyright Š 2018, Koley Jessen P.C., l.L.O. Reprinted with permission. Get more information at https://www.koleyjessen.com/team-nathan-t-burkman.


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VOLUME MMXVIII, ISSUE 2

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NEBRASKA PARALEGAL ASSOCIATION

NOTICE OF ANNUAL MEMBERSHIP MEETING The Nebraska Paralegal Association will hold its ANNUAL Membership Meeting for all members on Thursday, September 13, 2018, commencing at 10:45 a.m., in conjunction with the 2018 Annual Membership Meeting and Fall Seminar. The meeting will be held at the Scott Conference Center, 6450 Pine St., Omaha, Nebraska 68106. Items to be considered at the meeting include: Approval of membership applications (if any), election of officers, review of officer and committee reports, proposed budget amendments (if any), proposed amendments to the By Laws (if any), and discussion of other new and old business. Please note: If you are an Active Member, please complete the enclosed Proxy and return it to: NePA – Proxy Attn: J.C. Tuck Secretary PO Box 24943 Omaha, Nebraska 68124 by Friday, September 7, 2018 to ensure that a quorum is present. Dated this 13th day of August, 2018.

/s/ J.C. Tuck__________________

NePA – Proxy Attn: J.C. Tuck, Secretary PO Box 24943 Omaha, Nebraska 68124


ACTIVE MEMBERSHIP PROXY I, , hereby constitute and appoint the following individual as my true and lawful proxy, to take part in the transaction of any and all business as may properly come before the meeting hereinafter described, as fully as if I were personally present:

Please choose O N E of the following options: I permit this Proxy to be assigned to any NePA voting member present at the meeting to use his or her discretion in voting on issues presented. I designate the following individual as my true and lawful proxy: Name of Proxyholder: Address: NOTE: Please send a copy of this Proxy to the designated Proxyholder. (1)

Unless otherwise indicated, this Proxyholder may use his or her discretion Yes No in voting on issues:

(2)

If the above-named Proxyholder is not present at the meeting, please indicate if you permit this Proxy to be assigned to any NePA voting member: Yes No

The above Proxy is given for use at the Annual Membership Meeting of the Nebraska Paralegal Association to be held on Thursday, September 13, 2018, at Scott Conference Center, 6450 Pine St., Omaha, Nebraska 68106. If the undersigned is present at said meeting, this Proxy shall be null and void. Dated:

Signature of Member giving Proxy Printed Name: Address:

PLEASE SEND THIS PROXY NO LATER THAN FRIDAY, September 7, 2018. BY MAIL: NePA – Proxy ATTN: J.C. Tuck, Secretary PO Box 24943 Omaha, Nebraska 68124

BY EMAIL: J.C. Tuck, Secretary jct7779@gmail.com Please include “NePA Proxy” in Subject line.

In Brief - August 2018  

This is the e-zine of the Nebraska Paralegal Association (NePA).

In Brief - August 2018  

This is the e-zine of the Nebraska Paralegal Association (NePA).

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