Mar 17, 2021

Clark, Prestegaard, Data Security/Employment Biometrics

Phillips Lytle LLP Attorneys to Present for Buffalo Niagara Human Resources Association Legal Update: Data Security/Employment Biometrics

Buffalo, N.Y. – Phillips Lytle LLP Partners Anna Mercado Clark and Linda T. Prestegaard will present for the Buffalo Niagara Human Resources Association (BNHRA) Legal Update titled, “Data Security/Employment Biometrics.” The event will take place via Zoom on Wednesday, March 17, from 8:00 a.m. to 9:00 a.m.

This legal update will discuss what smart TVs, smartwatches and smart home systems have in common with employee screenings during the COVID-19 pandemic. In most instances, the gadgets involved collect personal information, including voice, photo, video, fingerprint, retinal scans and other biometric data. Join the webinar to discuss how data may be getting collected and how to manage the resulting security risks, as well as employer obligations when gathering employees’ personal data.

As leader of Phillips Lytle’s Data Security & Privacy and e-Discovery & Digital Forensics Practice Teams, Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. She has been awarded the preeminent Certified Information Privacy Professional/Europe (CIPP/E) and Certified Information Privacy Professional/United States (CIPP/US) designations by the International Association of Privacy Professionals (IAPP). As a former Assistant District Attorney, she also handles white collar criminal matters and investigations.

Ms. Prestegaard advises employers on the full range of employment and workplace issues, and represents them in federal and state courts and agency proceedings defending Title VII, ADA, ADEA, FMLA and Human Rights Law claims. Ms. Prestegaard handles wage and hour collective and class actions under the FLSA and New York Labor Law, as well as investigations and actions by federal and state Departments of Labor. She has represented higher education institutions with her work on faculty tenure and contract disputes, investigations of claims of misconduct and civil rights violations, regulatory compliance, faculty and staff handbooks, appointment letters and affirmative action plans.

Ms. Prestegaard also represents management in traditional labor law matters, including conducting training regarding concerted activity, union awareness and campaigns, collective bargaining, labor arbitrations, NLRB proceedings and LMRA litigations. She also has extensive experience investigating claims of harassment, discrimination and workplace misconduct. In addition, Ms. Prestegaard conducts training on avoiding sexual and other harassment in the workplace, wage and hour compliance, human resources best practices and other workplace issues.

Phillips Lytle LLP is a preeminent law firm that is recognized nationally for its legal excellence. With offices across New York State and in Chicago, IL; Washington, D.C.; and Canada, our attorneys serve a multinational client base, including Fortune 1000 companies, global and regional financial institutions, not-for-profit organizations, middle-market companies, startups, entrepreneurs and individuals on important matters affecting their businesses and personal wealth. For more information, visit


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