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C&N at PRWCA event

Had a great time with our friends out at the Paso Robles Wine Country Alliance luncheon. The Alliance has made vast strides in promoting Paso Robles wine country; last year they focused efforts in Texas and next year they are focusing on Florida. Encompassing 614,000 acres, Paso Robles American Viticultural Area (AVA) is recognized and respected as one of the great wine regions of the world, and continues to affect all aspects of our community. For some wine country fun, look out for their upcoming events linked here https://pasowine.com/events/.

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Another Carmel & Naccasha Win

The local San Luis Obispo paper, The Tribune, featured a nice write up on a recent case handled by Mike McMahon and our litigation team.

Read the article here.

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Helping Jack’s Helping Hand
Helping Jack's Helping Hand

Helping Jack’s Helping Hand

Carmel & Naccasha’s own Ziyad Naccasha (second from left) enjoyed a round of golf for a great cause, Jack’s Helping Hand. Thanks Geri LaChance of SESLOC for the opportunity to participate.

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Paso Rotary Winemakers’ Cookoff

We are happy to once again be a sponsor of the Paso Robles Rotary Winemakers’ Cookoff. This is a really fun event and should be on your calendar every year.

The Paso Robles Rotary brings top winemakers together to compete to see who is the best chef.

The 18th Annual Winemakers’ Cookoff will be held Aug. 13, 2016, from 6-9 p.m. at the Paso Robles Event Center. See their website for tickets and more information.

And we’ll see you there!

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To Offer Sabbaticals or Not to Offer Sabbaticals… And if I Do, Should I Pay?

A Tale of Two Tricky (and Sometimes Dangerous) Dilemmas

Recently, I gave a webinar on establishing eligibility and procedures for taking sabbaticals and unpaid leaves of absence through Lorman Education Services. I thought some of the information I discussed might be of interest to our clients in the San Luis Obispo area, many of whom are cutting edge technology companies. This blog post will focus on sabbaticals, which are gaining popularity as companies struggle to recruit and retain talented, top-notch employees.

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Talley Fun Run

Members of the Carmel & Naccasha team started their Sunday morning with a run through the Talley Vineyards at the 23rd Annual Marianne Talley Fun Run. We had a great time and can’t wait to see you there next year. Thanks to the Talley Family for being such great hosts.

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Privacy Policies: Are You in Compliance?

My previous post was regarding cybersecurity and some of the dangers lurking behind our widely-used “secure” technologies and authentication systems. A related issue is what you, as a business owner, chief technology officer or other data collector, must do to advise customers and other users of your website of your privacy policies and procedures – in short, how are you going to protect their identities, credit card information and other personal data you collect? This post will address what is legally required of you if you collect any sort of data, as well as the question of whether you need to implement Terms and Conditions. Hint: the answer is yes!

Many businesses are required by law to have a Privacy Policy posted conspicuously on their website. In California, the law requires “any commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site.” California Online Privacy Prevention Act of 2003, Business & Professions Code §§ 22575-22579. In other words, if you are gathering the personal data of your website users, you must have a formal Privacy Policy.

The primary federal agency that regulates and implements rules and regulations related to data privacy is the Federal Trade Commission, but other federal and state laws and acts have provisions that impose requirements on certain persons and businesses. For example, the Americans With Disabilities Act, the Children’s Internet Protection Act of 2001, the Computer Fraud and Abuse Act of 1986, the Computer Security Act of 1997 and the Consumer Credit Reporting Control Act all have laws relating to data privacy. The bottom line is that you must know and comply with federal laws as well as the laws of your state.

Another thing you should strongly consider – implementing and posting Terms and Conditions, which may also be called Terms of Use. While not required by law (and undeniably the dullest page on your website), Terms and Conditions can limit your liability, set forth your security features, link to your Privacy Policy and define acceptable use of your site (for example, you can specifically prohibit certain “hacking” activities). Here is some sample language from a Terms of Use policy related to cybersecurity:

You agree not to misuse Acme Company’s services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

breach or otherwise circumvent any security or authentication measures; or

violate the privacy or infringe the rights of others.

Terms and Conditions can and should be specialized to your unique business activities. In other words, copying one from another website, changing a few words and posting it is not the best means of implementing your Terms and Conditions.
In sum, cybersecurity and privacy are hot issues these days, and whether you are a business owner, chief technology officer or someone else in a position that requires you to deal with stored customer information, you have many duties in connection with protecting your customers’ information. If you have questions about cybersecurity or your compliance with privacy laws, or if you would like assistance drafting and implementing your Privacy Policy and/or Terms and Conditions, please contact me or one of our other attorneys at (805) 546-8785. The attorneys at Carmel & Naccasha have extensive experience in handling such matters and are happy to answer your questions and assist you.

The information contained in this article does not constitute legal advice and neither the author nor Carmel & Naccasha make any representations or warranties as to the accuracy of the information contained herein. Your access or reading of the article and/or your following of any of the suggestions contained herein do not create an attorney-client relationship between you and the author or you and Carmel & Naccasha LLP.

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Cybersecurity: Are You Protected?
Cybersecurity: Are You Protected?

I recently had the privilege of attending a TED talk-style seminar on cybersecurity at my alma mater, UCLA. The information I learned at this session certainly gave me pause, and I was anxious to share the information I learned with our clients and other readers of our blog. Perhaps the most interesting aspect of the lively discussion was the panelists – one, the former general counsel of the National Security Agency (“NSA”) and the other, a benevolent hacker.

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A Conversation with … Bill Swanson

Carmel & Naccasha Managing Partner Ziyad Naccasha recently attended ‘A Conversation with…Bill Swanson’ hosted by the San Luis Obispo Chamber of Commerce.

A Cal Poly magna cum laude industrial engineering graduate, Mr. Swanson retired as the CEO of Raytheon Corporation in 2014 after 42-plus years with the company.

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Renee Mosier and Ermina Karim at Good Morning SLO. May 26, 2016.
C&N Family in the Community

Renee Mosier, wife of Carmel & Naccasha partner Dallas Mosier, was asked to speak at Good Morning SLO in May. Renee spoke about the ‘cash mob’ she has organized to help local businesses. She alerts a group of people (friends, family, business associates, and their invitees) to meet at a local business at a specified time and date. The ‘mob’ shops, eats, drinks, and generally get to know the business. As a secondary benefit, the gatherings can provide social and business networking opportunities for the attendees.

Renee was asked to speak about her experience in hopes that more people would create similar groups and help their favorite local businesses. Great job Renee!

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