Category: News & Media

(Washington, DC) President Barack Obama announced yesterday a series of historic changes in U.S.-Cuba relations that will likely result in significant changes to U.S. law and policy. 

To discuss the potential impact on US businesses of this matter, Poblete Tamargo’s Jason Poblete was a guest this morning on CNBC’s Squawk Box.

There are two key points that Poblete has stressed for several years about potential investments in Cuba that he shared with CNBC in March 27 phone interview, and stressed again this week: You need a stable legal system that protects investor rights and has a path to resolve disputes. At this juncture, neither exists.

Moreover, there is no such thing as private property rights on the island. Until these and other matters change, including a clear resolution on US Certified Cuba Claims and economic sanctions, American companies and individuals who are allowed to do business in Cuba pursuant to US law, must be extremely cautious (podcast).

Despite the cautionary note, the announcement does move the US-Cuba relationship in to a new phase. It will be worth playing closer attention to the situation in 2015. 

A partial video clip of the December 19 interview is available here and here. 

(Miami, Florida) PT Law Senior Policy Advisor Andy Gomez was quoted in POLITICO this week on the potential impact on US electoral politics of President Barack Obama’s decision to pursue a new approach for US-Cuba relations. The “2000 (Elian Gonzalez) raid was also a turning point … [w]e’ve come to terms that this has been going on for 55 years and there have never been major changes,” he said. “I would say Elian Gonzalez was a real turning point in people starting to question how effective American policy is.” You can read the entire POLITICO story here.

Poblete Tamargo Attorney Jason Poblete was interviewed by CBS 4 Miami reporter Elliot Rodriguez on President Obama’s announcement earlier today that the United States would be seeking a different approach with regards to Cuba.

Poblete Tamargo’s Senior Policy Advisor Andy Gomez was quoted in the Miami Herald on today’s announcement that the United States may be easing economic sanctions on Cuba: Miamian Andy Gomez, a senior policy adviser for the Poblete Tamargo law firm in Washington, said he was taking the news of changes with a grain of salt. “Business is driving politics to a great extent,” he said. “I’m very cautious. I need to see what the next meeting in Havana will bring.” You can read the entire Miami Herald story, here.

By Arthur Freyre, Esq.

The Florida Information Protection Act (FIPA) became law this past summer. FIPA requires that all entities need to take reasonable measures to protect personal information. For more information regarding FIPA, please my prior FIPA post. It will give you general overview of the law.

When defining reasonable measure, FIPA did not give a definition. This is such a new area of the law and, as such, it is to be expected; however, there is guidance available from various sources. For example, the International Association of Privacy Professional released a study of Federal Trade Commission’s (FTC) enforcement actions regarding data privacy.

The FTC is one of the federal agencies that currently has administrative jurisdiction regarding whether or not corporations had adequately protected consumer’s data privacy. This study provides you with a general idea of what reasonable care looks like. Reasonable care can be summed up in one word: proactive. How proactive is your company protecting data? Being proactive is not a one-time event for data privacy.

Being proactive requires you not only to assess, devise, and implement a data privacy plan, but it also requires you to assess whether or not your data privacy policy is sufficient in the changing world of technology. Being proactive also includes training and educating your staff with the data privacy protocols and the necessary changes in those protocols. 

Failures in being proactive may cost your company not only fines at an administrative level, but it will also damage your reputation in the marketplace.

Although FIPA does not define reasonable measures, looking at what the FTC requires through their enforcement actions does provide us with an idea of what reasonable measures looks like. And while there is no cookie-cutter approach – every business is different, even within the same fields – you can begin to consider what may or may not work for you by reviewing these recent enforcement actions. 

Working in conjunction with data privacy professionals at ProPrivatus, your data privacy and legal compliance team offers the following services:

1. Privacy gap and risk analysis
2. A privacy strategic and business plan
3. Privacy advice and training
4. Designing privacy policies and procedures
5. Breach Management.