Posts

MRR Lexington Proud to Sponsor the Kentucky League of Cities “2018 City Employee of the Year” Award

Mazanec, Raskin & Ryder (MRR) is proud to once again sponsor the Kentucky League of Cities (KLC) “City Employee of the Year Award” which brings recognition to an exceptional city employee who performs at a distinguished level to improve his or her local government and community. KLC represents more than 20,000 municipal employees.

MRR Lexington’s Administrative Partner, Barry Miller, presented Hopkinsville Police Chief Clayton Sumner with the honor on September 18, 2018 during the KLC Conference & Expo.

By sponsoring this award, MRR will provide a $1,000 donation to Hopkinsville/Christian County Boys and Girls Clubs in honor of Chief Sumner.

To view the official KLC press release, click here.

MRR Attorneys named to 2019 Best Lawyers in America® list

Mazanec, Raskin & Ryder Co., LPA (MRR) is pleased to announce that seven attorneys have been named to the 2019 Edition of Best Lawyers®, the oldest and most respected peer-reviewed publication in the legal profession. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise.

MRR would like to congratulate the following attorneys named to the 2019 Edition of The Best Lawyers in America© list:

Todd M. Raskin (Cleveland), Civil Rights Law

John T. McLandrich (Cleveland), Civil Rights Law

Thomas S. Mazanec (Cleveland), Product Liability Litigation – Defendants

Joseph F. Nicholas, Jr. (Cleveland), Transportation Law

George V. Pilat (Cleveland), Insurance Law

Elisabeth “Lisa” Gentile (Columbus), Medical Malpractice – Defendants

Stacy V. Pollock (Columbus), Education Law

 

About Best Lawyers®

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 79,000 leading attorneys globally are eligible to vote, and we have received more than 12 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2016 Edition of The Best Lawyers in America©, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” For more information, visit bestlawyers.com.

MRR Lexington Obtains Big Win in Reversal of Defamation Verdict

Miller

Vessels

Combs

Congrats to MRR Lexington’s Barry Miller, Chrissy Vessels and Tia Combs  for obtaining a reversal of a defamation verdict rendered against its client, R.J. Palmer, stemming from an advertisement Mr. Palmer used in a race for a Kentucky Senate seat.

Case Summary: The opponent, Dr. Ralph Alvarado, had been a vocal critic of legislation in Kentucky intended to limit the prescription of certain narcotic painkillers. Mr. Palmer’s consultant created an advertisement using footage from a court hearing involving a patient of Dr. Alvarado’s, who was in possession of narcotics. The judge in the hearing “clearly expressed her displeasure with Dr. Alvarado,” according to the opinion.

Dr. Alvarado argued at trial that the consultant spliced the courtroom video, presenting certain statements out of order. The Court of Appeals held that the ad still accurately stated the gist of the judge’s remarks. Because the gist was accurate, and because the ad was protected political speech, the Court of Appeals reversed a unanimous jury verdict. It quoted a Kentucky Supreme Court case, holding that “unfettered political discussion is a necessary and fundamental principle of our constitutional system of government, assuring that political decisions will be made through persuasion rather than power.” It also found that the political context of the ad was important. Those who enter politics must understand that “politics ain’t bean-bag,” wrote it, quoting a renowned newspaper columnist.

MRR is proud to have assisted its client in upholding this fundamental principle of constitutional government.

MRR Article: Can Europe’s New Privacy Rule Cost My Business Money?

By: Barry M. Miller & Curtis M. Graham

If your business offers goods or services to consumers in the European Union (or tracks information on EU consumers), you must become familiar with the acronym “GDPR.” The “General Data Protection Regulation” goes into effect May 25, 2018. And even if you are confident that your business complies with state or U.S. data-protection principles, that confidence may not be warranted as you face the GDPR.

Your business may already take care to protect information such as a customer’s Social Security number, credit card number, health data, and other personally identifiable information. But the GDPR broadens the definition of personal data that holders must protect. Article 4 of the GDPR defines “personal data” to include “any information relating to an identified or identifiable natural person (‘data subject’)” relating to the “physiological, genetic, mental, economic, cultural or social identity of that natural person.” Information about a person’s race or ethnicity, religious affiliation (or non-affiliation), political leanings, or sexual orientation would fall within this definition.

How does the GDPR impose obligations on American businesses in the first place? Its drafters intend the regulation to apply to anyone who processes the personal data of an EU resident—even if the processing is not done in the EU. Whether that intended reach can be enforced against an American business will be the subject of litigation, both here and in the EU. But as of now, the EU intends to subject data processors to fines of the greater of 20 million euros, or up to four percent of the processor’s annual global revenue. Even if your company is one of the forward-thinking ones, with cyber liability insurance in place, whether such policies cover fines imposed for a breach of the GDPR is something else to be litigated in coming years.

Rita Heimes, who holds the Certified Information Privacy Professional (CIPP) designation under both European and U.S. law (as well as the CIPM credential, for those who manage privacy programs), describes a “core value” of the GDPR: “Natural persons should have control over their own personal data.” She contrasts this with the U.S.-centric view that data, once collected, belongs to the collector. “This means when customers share their data with us it is not ours, but rather theirs, at least as the European Union sees it and as reflected in the GDPR.”

Mike Mandato, of Calyx IT in Cleveland, points out that businesses must carry this mindset through the entire life cycle of data, including data that may not pertain to active transactions—data businesses that businesses might think of as “on file,” but what information technology professionals call “at rest” data. The GDPR gives EU consumers the right to request that their data be removed from a data controller’s systems. This may require businesses to rethink their backup strategy, email and record retention policies, and any other in-house systems that hold “at rest” data. Mandato views this as a mixed blessing: “It is a good opportunity to fine tune security measures and data integrity within a business. But it may present added expense deploying processes and policies to examine data on a periodic basis to maintain compliance.”

What all this means is that companies of all sizes must make a conscious decision whether they want to do business (or continue to do business) with EU residents. They must weigh the potential costs of GDPR-compliance against the amount of business they hope to get from EU consumers. If the potential return is small or non-existent, it may be prudent to forgo that business. If, after weighing the benefits, you decide to retain or pursue business from EU residents, consult your technology vendor, your attorney, and your insurance agent to help you mitigate the potential costs that could follow non-compliance.


For more information, or questions on the topic, please contact Barry Miller at bmiller@mrrlaw.com or Curt Graham at cgraham@mrrlaw.com. Both Barry and Curt focus their practices on Data Management & Cyber Security Law in MRR’s Lexington office.

Barry Miller

Curt Graham

Six MRR Attorneys named Best Lawyers in America 2018

Mazanec, Raskin & Ryder Co., LPA (MRR) is pleased to announce that six attorneys have been named to the 2018 Edition of Best Lawyers®, the oldest and most respected peer-reviewed publication in the legal profession. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise.

MRR would like to congratulate the following attorneys named to the 2018 Edition of The Best Lawyers in America© list:

Todd M. Raskin (Cleveland), Civil Rights Law

John T. McLandrich (Cleveland), Civil Rights Law

Thomas S. Mazanec (Cleveland), Product Liability Litigation – Defendants

Joseph F. Nicholas, Jr. (Cleveland), Transportation Law

George V. Pilat (Cleveland), Insurance Law

Stacy V. Pollock (Columbus), Education Law

 

About Best Lawyers®

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 79,000 leading attorneys globally are eligible to vote, and we have received more than 12 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2016 Edition of The Best Lawyers in America©, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” For more information, visit bestlawyers.com.