Amy Crafts is an associate in the Litigation Department, and focuses on commercial litigation, including intellectual property, anti-trust, government investigations and corporate governance. She represents a wide variety of clients, ranging from public and private companies to government entities and individuals, in all phases of litigation, including pre-litigation strategy and negotiation, state and federal trials and appeals, arbitrations and mediations.
Amy is a member of the Boston office’s hiring committee and represents the Boston office on the Firm’s women’s affinity group. Amy is also a member of the Firm’s pro bono committee and received the Firm’s Golden Gavel award in 2008. Her pro bono efforts are focused on urban youth and victims of domestic violence. She is a board member of the Youth Advocacy Foundation and serves as pro bono counsel for YouthBuild Boston. In addition, Amy spearheaded and facilitates the Firm’s successful 209A Initiative in collaboration with the Middlesex District Attorney’s Office, for which she has been recognized by the Firm and the Middlesex District Attorney. In addition, Amy serves on the Event Committee for the Victims' Rights Law Center.Amy is a member of LeadBoston’s class of 2009, and graduated from Williams College and the University of Connecticut School of Law. During law school, Amy was a legal intern at the General Electric Company, was the Commentary Editor for the Connecticut Law Review, and was a moot court teaching assistant.
Amy is admitted to practice in New York (2004) and Massachusetts (2006), the Southern and Eastern Districts of New York and Massachusetts District Court. Prior to joining Proskauer in 2005, Amy was a litigation associate at Hunton & Williams in New York.
Amy was selected as a “Massachusetts Super Lawyers Rising Star” in 2009.
The deadline for compliance with a key requirement of the Massachusetts Data Security Regulations is only a month away. By March 1, 2012, contracts must require that certain service providers implement and maintain appropriate security measures to protect personal information. This alert summarizes the requirements that will become effective as of March 1, 2012.
Plaintiff customers in litigation stemming from Hannaford Brothers, Co.'s 2007 data breach were handed a partial victory by the First Circuit on October 20th. The Court held that plaintiffs' claims for negligence and implied contract should survive Hannaford's motion to dismiss because plaintiffs' reasonably foreseeable mitigation costs constitute a cognizable claim for damages under Maine law. While this case, Anderson v. Hannaford Brothers, Co., may be read narrowly to apply only to circumstances involving actual theft and misuse of customers' data, plaintiffs' lawyers, who for years have made unsuccessful claims for damages following data security breaches, will likely attempt to broaden this holding to apply at least to other mitigation costs incurred by plaintiffs.
Continue Reading...The Massachusetts Attorney General's Office and Belmont Savings Bank have agreed to resolve allegations that Belmont Savings Bank has violated the Commonwealth's stringent data security regulations (see our post about 201 CMR 17.00 here) through an Assurance of Discontinuance, which has been filed in Massachusetts state court (see document here). Belmont Savings Bank has agreed to pay a civil penalty of $7,500 and has also agreed to institute new security and training procedures following a breach in May 2011, when an employee left a computer backup tape on a desk overnight, rather than in a storage vault. A surveillance camera showed that the backup tape was inadvertently discarded by the evening cleaning crew and, according to the Attorney General's Office, was likely incinerated by the bank's waste disposal company.
Continue Reading...Massachusetts’s new data security regulations, effective as of March 1, 2010, currently set forth the country’s most stringent requirements for protecting data. Extending beyond what is required by other states, Massachusetts specifies that, for example, covered entities must implement a written information security program and must encrypt personal information that will be transmitted over the Internet, or that is kept on laptops and other portable devices. Massachusetts regulators and enforcement agencies would likely make the following three arguments that out of state entities must also comply with the new regulations.
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