News & Analysis as of

American Bar Association (ABA) Confidential Information

Fishman Haygood LLP

ABA Issues Formal Guidance for Use of Generative AI: An Update to Ethical Rules for Using Generative AI in Your Practice

Fishman Haygood LLP on

As the “AI Revolution” continues to gain momentum, questions concerning professional ethics have arisen across almost all professions. For legal services providers in particular, this disruptive technology poses both risks...more

Esquire Deposition Solutions, LLC

Pennsylvania Bar Spells Out Ethical Duties When Vendors Handle Sensitive Information

All lawyers understand that they have an ethical obligation to protect client confidential information from prying eyes, whether in a locked file cabinet, on a cloud storage device, or passing through the networks of...more

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

Marshall Dennehey on

The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more

Zuckerman Spaeder LLP

General Counsels Beware: Assume That Anything Can Go Viral in the #MeToo Era

Zuckerman Spaeder LLP on

In March 2023, at the American Bar Association’s White Collar Crime Institute in Miami, Gary S. Lincenberg moderated a panel of general counsels. The panel covered a range of different issues; this post focuses on the...more

Proskauer Rose LLP

How To Navigate Claims Brought By 'Trust' Employees

Proskauer Rose LLP on

In a typical enterprise, most employees are hired to further the primary mission of the organization — whether providing goods and services, creating new products, engaging in sales and marketing, and so forth. ...more

Esquire Deposition Solutions, LLC

SOC Reports Provide Critical Insights on Vendor Data Security Practices

I’ve written several times during the past year about the importance of information security for legal professionals. Mitigating the threat of unauthorized access to client confidential information is one of the most...more

Conn Kavanaugh

SJC Holds that Bar Counsel has Burden of Proof on Whether Disclosed Information is “Generally Known” for Violation of Rules of...

Conn Kavanaugh on

A recent decision from the Massachusetts Supreme Judicial Court (SJC) addresses the circumstances under which an attorney may be subject to discipline for disclosing confidential client information. In the Matter of Michael...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers' Lawyer Newsletter – November 2021

Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking...more

Furia Rubel Communications, Inc.

How Lawyers Can Prepare for the Future of AI in Legal with Bert Kaminski, Director of Legal for Google Cloud

Bert Kaminski is a seasoned legal counsel in the technology industry, specializing in advanced and emerging fields such as cloud computing, internet of things, artificial intelligence, data science & machine learning.  Bert...more

Conn Kavanaugh

ABA Provides Ethical Guidance for Responding to Online Criticism

Conn Kavanaugh on

The American Bar Association recently issued a formal opinion providing attorneys with helpful guidance regarding whether, and how, to respond to online criticism: Formal Ethics Opinion 496, Responding to Online Criticism...more

Esquire Deposition Solutions, LLC

Lawyers, Be Tough Customers When Purchasing Technology

Lawyers, ask yourselves:  Can I ethically connect my work laptop computer to an unsecured public Wi-Fi network? What data security measures are in place at the technology vendors that store and process my clients’...more

Esquire Deposition Solutions, LLC

Lawyers Encouraged to Vet Tech Vendors Carefully

Law firms are prime targets for hackers. Why? Because their computer networks contain highly concentrated, high-value information about many parties that is often not well-protected. One often-overlooked vulnerability is the...more

Pullman & Comley, LLC

ABA Ethics Committee Weighs in on Practicing Law Virtually

Pullman & Comley, LLC on

In  Formal Opinion 498, issued on March 10, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided some guidance on the ethical obligations triggered when a lawyer...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

Rivkin Radler LLP on

On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

Zelle LLP on

Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Esquire Deposition Solutions, LLC

When COVID-19 Meets the Litigator's Office

COVID-19, an enduring public health challenge that stretches across the world, raises interesting legal ethics issues for lawyers. Ethical considerations while practicing law during the COVID-19 epidemic have been written...more

Epstein Becker & Green

New York Could Become the First State to Require Cybersecurity CLE

New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education (“CLE”) requirement. The House of Delegates of the New York State Bar Association (“NYSBA”) has...more

Epiq

ABA Issues Opinion - How To Respond to Data Breaches

Epiq on

In 2018, 1,244 data breaches occurred in the U.S. with over 445.6 million records exposed with a cost of $654 billion. Lawyers make a promise to safeguard confidential client data when they enter into an attorney-client...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Lawyer's Duty When Client Confidential Information is Hacked From the Law Firm

As attorneys, our livelihood is often heavily dependent upon the keeping of secrets. But in this complex electronic-data driven environment we work in, where physical security via locked doors and piercing alarms may no...more

Proskauer - Minding Your Business

The Golden Rules: A Primer on California’s New Professional Responsibility Rules

California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more

Robins Kaplan LLP

The Robins Kaplan Insurance Insight - Vol. 2, No. 2, Fall 2018: Change of Policy: California’s New Rules of Professional...

Robins Kaplan LLP on

After almost 30 years, California’s first substantial revision of its Rules of Professional Responsibility for lawyers took effect on November 1. While the new rules are largely based on the ABA model rules, they also...more

Esquire Deposition Solutions, LLC

How Social Media Waives Former Client Confidentiality

Privacy is actively discouraged by using social media. Chat rooms encourage public discussions, Facebook posts are available for friends to see, and lengthy arguments fuel a frenzy of comments and re-tweets on Twitter feeds....more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Fisher Phillips

Restrictive Covenants Place In-House Attorneys in a Real Predicament – But Are They Enforceable?

Fisher Phillips on

Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide