Daniel DeFiglio

In its recent decision in Clemens v. ExecuPharm, the United States Court of Appeals for the Third Circuit clarified, and arguably expanded, the standards that determine when and if employees can file suit in federal court against employers that experience a data breach. In so ruling, the Court held that employees have “standing” to pursue claims for damages against their employer based on the risk of identity theft or fraud arising from a data breach. The decision thus presents important guidance for employees and employers alike, and further reinforces the need for employers to consider appropriate measures to protect personal and financial information which they choose to collect....

Archer partners, Brian Gargano, Nicole McDonough and Daniel DeFiglio, wrote about the ways in which remote work has forced employers to reexamine restrictive covenants and noncompete clauses in the Law 360 article, "Noncompete Enforceability In The World Of Remote Work."...

Daniel J. DeFiglio, a partner in the firm’s Data Privacy and Cybersecurity, Business Litigation, and Trade Secret Protection and Non-Compete Groups discusses the importance for businesses to be mindful of how data breach investigation reports are created and shared so that they can obtain the full panoply of their benefits. In this New Jersey Lawyer article, “Treat Your Data Breach Investigation Like Your Toothbrush—Don’t Share It with Anyone,” published August 2022, Daniel writes that data breach investigations are valuable tools for businesses that have experienced a data breach. They can provide valuable insights to help better protect customer privacy, and can assist in responding to governmental authorities  and private litigants. Yet the cases discussed here highlight that these same  advantages may also be a reason why  well-intentioned reports may later  become “Exhibit-1” at trial; namely, that the report was made to serve business  purposes, not as a defense to litigation....