Services
Education
- University of Maryland School of Law, J.D.
- State University of New York at Buffalo, B.A., with honors
Admissions
- New York
- U.S. District Court, Western District of New York
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JACOB J. HERSTEK
As a member of the Privacy & Data Protection group, Jacob Herstek focuses his practice on a wide range of data privacy and security issues. He has also engaged in all phases of litigation, including discovery, trial, and appellate practice as a member of the Products: Class Action, Trade & Industry Representation group.
Jacob is a recognized Certified Information Privacy Professional (“CIPP/U.S.”) accredited by the International Association of Privacy Professionals. Representative Experience- Advises clients on privacy and data security compliance with federal and state laws including the FTC Act, GLBA, COPPA, FCRA, FACTA, HIPAA, HITECH, ADA, FMLA, GINA, and state privacy and information security laws
Advises clients on privacy and data security compliance with federal and state laws including the FTC Act, GLBA, COPPA, FCRA, FACTA, HIPAA, HITECH, ADA, FMLA, GINA, and state privacy and information security laws - Counsels clients on the necessary and recommended steps following a data security breach incident and represents clients in all facets of resulting breach litigation
Counsels clients on the necessary and recommended steps following a data security breach incident and represents clients in all facets of resulting breach litigation - Advises on international privacy issues including the cross-border exchange of information and Department of Commerce EU safe harbors, model clauses, and binding corporate rules
Advises on international privacy issues including the cross-border exchange of information and Department of Commerce EU safe harbors, model clauses, and binding corporate rules . . . View all . . .
- Design and implement website terms of use and privacy and information security programs including Written Information Security Protocols (WISP) compliant with the Massachusetts Data Security Act
Design and implement website terms of use and privacy and information security programs including Written Information Security Protocols (WISP) compliant with the Massachusetts Data Security Act
- Advises on the risks associated with the use of social media, geolocational data, and compliance with payment card data security issues
Advises on the risks associated with the use of social media, geolocational data, and compliance with payment card data security issues
- Develops and implements records and information management policies and protocols
Develops and implements records and information management policies and protocols
- Trains employees on privacy, data security, use of personal mobile devices and business practices, and drafts related privacy and data security policies and employee training materials
Trains employees on privacy, data security, use of personal mobile devices and business practices, and drafts related privacy and data security policies and employee training materials
- Performs privacy and data security audits of companies' information practices, and assists companies on identifying and implementing remediation efforts
Performs privacy and data security audits of companies' information practices, and assists companies on identifying and implementing remediation efforts
- Experienced litigator that has represented national and local clients in commercial, product liability, and multistate tort litigation in all phases of litigation
Experienced litigator that has represented national and local clients in commercial, product liability, and multistate tort litigation in all phases of litigation
. . . Hide Representative Experience . . .AffiliationsJacob is a member and chairperson of the Aspire Agency Board (formerly the Western New York United Cerebral Palsy Foundation), and a member of the Aspire Foundation Board. Thought Leadership/AlertsFTC settles with cord blood bank for lax privacy practices and data breach
Privacy Alert | January 31, 2013 FTC seeking comments on additional proposed revisions to Children's Online Privacy Protection Rule
Privacy Alert | August 8, 2012 . . . View all . . .
Consumers pay more for privacy in Maine
Privacy Alert
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July 26, 2012
Canadian privacy law and U.S. companies doing business with Canadians
Privacy Alert
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May 17, 2012
FTC issues final report on protecting consumer privacy
Privacy Alert
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March 29, 2012
The Smart Grid: Privacy costs of the information jackpot
Privacy Alert
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March 22, 2012
Computer assisted review approved by SDNY
Electronic Discovery and Evidence Law Alert
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March 1, 2012
Obama administration releases long-awaited consumer data privacy report
Privacy Alert
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February 24, 2012
Be ready for the March 1, 2012, Massachusetts Data Security Regulations deadline
Privacy Alert
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February 13, 2012
The Zubulake Preservation Standard Now Applies in the First Department
Electronic Discovery and Evidence Law Alert
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February 13, 2012
Ontario court expands privacy-based remedies: Lessons for U.S. companies handling Canadian privacy data
Privacy Alert
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January 31, 2012
FTC settles two COPPA complaints
Privacy Alert
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November 14, 2011
Changes in COPPA coming?
Privacy Alert
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November 4, 2011
Federal Circuit Court raises standard for dismissal because of spoliation of evidence
E-Discovery and Evidence Law Alert
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May 18, 2011
SEC charges brokerage executives with failing to protect confidential customer information
Privacy Alert
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April 12, 2011
Department of Commerce proposes sweeping privacy reforms
Privacy Alert
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December 20, 2010
Webinar Recording: The Boucher Bill
August 9, 2010
. . . Hide Thought Leadership. . . Press
Media Clips- If You Have Clients in Canada, Its Privacy Law Applies to You
Rochester Business Journal | July 20, 2012
This “Law” column discusses how local organizations need to keep in mind Canada’s privacy law. Rochester Global Business & Transactions partner Jeff LaBarge and Buffalo Products counsel Ben Dwyer and Jacob Herstek authored the piece. - U.S. Companies and Canadian Privacy Law: Beware
Privacy and Public Policy Law 360 | May 18, 2012
Buffalo Products counsel Ben Dwyer and Jacob Herstek coauthored this “Expert Analysis” column discussing Canada’s privacy laws, which are more far-reaching than their U.S. counterparts and may apply to non-Canadian entities. - Privacy-Law Issues Coming to Forefront
Buffalo Law Journal | April 26, 2012
Buffalo Products counsel Jacob Herstek, a member of the firm’s Data Privacy team, is quoted throughout this article discussing privacy law issues. . . . View all . . .
Events
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