Luminate Law

Cybersecurity, Privacy & Internet Law

Cybersecurity, Privacy & Internet Law

We join our knowledge of computer technology with our legal expertise to help clients meet challenges created by the law governing cyberspace.  Certain Cybersecurity, Privacy & Internet Law 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