Jacey  Kaps, CIPP/US, PCIPAn experienced civil litigator and legal advisor for the retail and hospitality sector, Jacey is conversant in issues arising from data security breaches, the ensuing claims, and regulatory investigations. He is able to provide guidance on cybersecurity risks and cyber incident readiness. Jacey holds the ANSI/ISO accreditation of Certified Privacy Professional US (CIPP/US) from the International Association of Privacy Professionals and the designation of Payment Card Industry Professional (PCIP) from the Payment Card Industry Security Standards Council.  When online and offline privacy assessments and information security audits are needed, Jacey is able to assist his clients with identifying the relevant legal considerations and retaining the appropriate consultants to accomplish the task. Jacey’s litigation experience and lengthy tenure on his law firm’s Executive Committee also equip him to address cybersecurity issues unique to law firms.

Jacey's team represents a wide range of clients with the depth and capabilities to handle the issues that matter to retailers including commercial and transactional disputes, construction disputes, intellectual property litigation, labor compliance, Medicare compliance, employment litigation, constitutional challenges and casualty litigation. He also consults with retail, restaurant and lodging businesses in overall litigation management and alternative dispute resolution programs.

Jacey also practices in the area of insurance coverage and assists different carriers in the handling of First Party Claims leveraging his experience handling volume litigation as both a National and Regional counsel.

  • Language

    • French
  • Education

    Nova Southeastern University, Shepard Broad Law Center - J.D., 1995
    McGill University - B.A., History, with first class honors, 1991
  • Honors

    • Listed in Best Lawyers in America, 2013-2019
    • 2010 Florida Retail Federation Chairman's Award
    • Order of Barristers
    • Twice commended by the Florida Supreme Court for service to the Guardian Ad Litem Program
  • Bar Admissions

    • Florida (1995)
  • Court Admissions

    • U.S. Supreme Court
    • U.S. District Courts of Florida (Northern, Middle, Southern)
    • U.S. Court of Appeals, 11th Circuit
  • Professional & Civic Activities

    • The Florida Bar
    • American Bar Association
    • The International Association of Privacy Professionals
    • Florida Restaurant and Lodging Association, Allied Member
    • Florida Retail Federation, Chairman's Circle
    • National Order of Barristers
  • Articles & Presentations

    • Presenter, "Cyber Security: Are You Ready?" Florida Retail Federation 5th Annual Loss Prevention Conference, October 24, 2018
    • Co-Author, "Social Media Policy-Still the Wild West," ACC Docket, September 10, 2018
    • Moderator, "Navigating the Third Party Delivery Relationship: The Ins and Outs from a Practical and Legal Perspective," FRLA Marketing and Operations Summit, August 2018
    • Presenter, Preferred Governmental Insurance Trust 2018 Member Education Day, May 2018
    • Co-Author, "General data protection regulation: Should a Florida business care?" Orlando Business Journal, May 4, 2018
    • Presenter, "Litigation Trends Related to Technology Operations," National Restaurant Association Information Technology Executive Study Group Spring Meeting, April 2018
    • Co-Panelist, "Data Security for Schools: Risks, Breaches, and Response," Florida School Board Association/Florida Association of District School Superintendents/NEOLA Policy Seminar, March 2018
    • Co Author, “Attias v. CareFirst: Plaintiff Class Gets Foot in Courthouse Door in Data Breach Lawsuit,” Daily Business Review, February 14, 2018
    • Panelist, Dade County Bar Association’s “Legends of the Boardroom” presentation on cybersecurity and social media for lawyers, October 2017
    • Co-Author, "Clickwraps and Browsewraps Oh My! Terms of Online Vendor Agreements - Are They Enforceable?" Florida Restaurant & Lodging Association Magazine, Winter 2017
    • Co-Author, "A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client," September 19, 2017
    • Presenter, “Cyber Secure? Tomorrow is Right Now," 2017 Florida Restaurant & Lodging Association’s Marketing & Operations Summit, August 2017
    • Presenter, “The Now and The Future of Cybersecurity (in 50 minutes or less),” The Florida Retail Federation Sunshine Expo, July 2017
    • Presenter/Panel member, “Insuring Against Cybersecurity Risks and Privacy Perils,” Annual Florida Bar Convention, June 2017
    • Interviewee, “Cybersecurity Risks and Insurance,” The Florida Bar Podcast on Legal Talk Network, June 2017
    • Co-Author, “What Restaurants Need to Know About Website Accessibility,” Florida Restaurant & Lodging Magazine,” Spring 2017
    • Co-Presenter, Webinar: “How to Avoid ADA Website Lawsuits,” Florida Restaurant & Lodging Association, Florida Retail Federation, and Willis, Towers Watson, (2016-17)
    • Author, “Small-to-Midsize Businesses Benefit From a Lawyer in the Middle,” Florida Restaurant & Lodging Magazine,” Winter 2016-17
    • Co-Author, "What to Know About Website Accessibility Claims," Multiple Publications, June 2016
    • Co-Author, "The Regulatory Ordeal Of The Craft Distiller: Legal Processes And Considerations In Labeling Distilled Spirits," First published on The American Distilling Institute's website, www.distiller.com, May 2013
    • "Broward County Passes a Wage Theft Ordinance - The Effect on Retailers Who Do Business in Florida," The Florida Retail Federation Small Business Quarterly, Winter 2012
    • Co-Author, "Expecting the Unexpected - Protecting Your Business" Florida Restaurant & Lodging Magazine, September 2012
    • Talpins, S. and Kaps, H., “Reducing Liability from Dram Shop and Social Host Laws, ABL Insider at 5 (American Beverage Licensees Spring 2012)
    • Co-author with Stephen K. Talpins, “Reducing the Liability from Dram Shop and Social Host Laws,” Retail Beverage Council Education Seminar October 2011
    • "Damages Update: Trends and Challenges Facing Retailers," Panelist, DRI Strictly Retail Seminar, 2010
  • Ratings and Certifications

    • Payment Card Industry Professional (PCIP)
    • CIPP/US certified by the International Association of Privacy Professionals
    • AV Rated by Martindale-Hubbell

Jurisdictions

  • Florida

NEWS

 
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