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Information Technology and Privacy

Information Technology and Privacy

We join our knowledge of computer technology with our legal expertise to help clients meet challenges created by the law governing cyberspace.  Certain Information Technology and Privacy services are provided on a flat fee or subscription basis.  Our areas of focus are:

Privacy and Cybersecurity

  • Assisting with response to data breach incidents
  • Advising on compliance with privacy and data security laws including:
  • General Data Protection Regulation (GDPR)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Federal Educational Rights and Privacy Act (FERPA)
  • Children Online Privacy Protection Act (COPPA)
  • California Online Privacy Protection Act (CalOPPA)
  • California Consumer Privacy Act (CCPA)
  • Review of cybersecurity policies and governance
  • Prosecution and defense of invasion of privacy claims

Digital Media

  • Social media policies for employers
  • Audit of online advertising (including social media advertising) for compliance with consumer protection and intellectual property law
  • Compliance with website accessibility requirements of the Americans With Disabilities Act
  • Terms of Use and Privacy Policies for websites, mobile apps, and other internet service providers
  • Software licensing and distribution agreements
  • Internet service provider agreements (e.g., cloud vendor agreements)
  • Development of social media contest rules

Information Management

  • Document retention policies
  • Ediscovery

Representative Experience

  • Advised retailers and providers of professional services on GDPR compliance
  • Advised developer of educational software platform on compliance with FERPA and COPPA
  • Represented publicly traded company in arbitration (and later mediation) of contract dispute with vendor of CRM application
  • Draft Terms and Conditions and Privacy Policies for websites
  • Developed Terms of Use for intra-company social network platform
  • Draft and update social media policies
  • Obtained injunction for removal of defamatory blog postings against small business owner
  • Defended claim of infringing use of online images
  • Advised on protection of privacy rights in connection with digital recording of individual without her knowledge or consent
  • Represented health provider in contract dispute with EHR vendor
  • Counseled various companies on legal obligations in responding to data breach incident
  • Assisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes laws
  • Advised online advertisers on compliance with advertising laws governing social media influencers

Flat Fee Services

We offer the following Information Technology and Privacy services on a flat fee basis:

  • Social media policies
  • Terms of Use
  • Privacy policies
  • DMCA policies
  • Online contest rules

Subscription-Based Services

We offer the following Information Technology and Privacy services on a subscription basis:

  • Review of online marketing advertising
  • Advice on compliance with privacy regulations such as HIPAA and GDPR

Speaking Engagements & Presentations

Selected speaking engagements:

  • “Social Media for Litigators” - Federal Bar Association (Elijah Yip)
  • Social Media Legal Issues Affecting Jurors - U.S. District Court, District of Hawaii Conference (Elijah Yip)
  • Panel discussion on GDPR - INTERFACE Conference (Elijah Yip)
  • "Navigating Security Issues in a Cloud Environment” - American Intellectual Property Law Association (Mid-Winter Institute) (Elijah Yip)
  • “Technically Legal: Managing Legal Risks in a Digital World” - Hawaii Independent Insurance Agents Association (Elijah Yip)
  • Cyber Insurance” Elijah Yip co-presented with Christopher Goodin, Esq. - Hawaii Association of Adjusters
  • “Files Are Our Friends: Strategies For Complying With Recordkeeping Laws and Avoiding Disputes” - Hawaii Employers Council (Elijah Yip)
  • “Social Media Evidence–a Primer” - Hawaii State Judiciary Judges Conference (Elijah Yip)
  • “Image Sharing Apps: Or, the Perils of Picture Posting” - Anthology Group (Elijah Yip)
  • “Legal ‘Buzz’: The Law of Online Endorsements” - Anthology Group (Elijah Yip)
  • “Social Media Policies: Rules of the Road” - Anthology Group (Elijah Yip)
  • “Ethics in a Wired and Wireless World” - Hawaii State Bar Association Spring Conference (Elijah Yip)
  • "BYOD Challenges: When Employees Bring Their Own Devices To Work” - BLR/HR Hero’s Advance Employment Issues Symposium 2013 (Elijah Yip)
  • “E-Discovery in Hawai‘i: Navigating the Pitfalls of Preservation and Production” - Elijah Yip as Moderator, Hawai‘i State Bar Convention

Publications

  • Elijah Yip and Martin E. Hsia, Confidentiality in the Cloud: The Ethics of Using Cloud Services in the Practice of Law, Hawaii Bar Journal (August 2014)

Practice Areas