Client Data

News & Analysis as of

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

SEC Releases First Cybersecurity Enforcement Action for Failure to Protect Client Data

The SEC’s focus in the action was not on the manner of the firm’s responses to the breach or whether there was any actual harm, but predominantly on the adequacy of the firm’s written policies for safeguarding customer...more

SEC Issues New Guidance on Cybersecurity for Investment Companies and Investment Advisors

On April 28, 2015, the SEC's Division of Investment Management released a Guidance Update providing cybersecurity guidance for investment companies and investment advisors (firms). The SEC has prioritized cybersecurity as a...more

FTC, State Regulators, and Apple Weigh in on RadioShack Customer Data Sale

RadioShack filed for Chapter 11 bankruptcy in Delaware bankruptcy court in February, seeking a court-supervised sale of $1.2 billion in assets. Included in the sale is a database of customer information from about 1,700...more

Pipeline to Success - Part 2: The Spreadsheet vs The Pipeline

At its most basic, a pipeline is simply a way to track and report on business development efforts. Initially, when law firms began tracking business development opportunities, the original tool of choice was Excel. Even at...more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

Secret Connections: LinkedIn contacts may be a trade secret

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture....more

Mitigating Risk in Cloud Computing Agreements

Cloud computing is the new reality. A 2013 IDC survey reports that 61% of enterprises have at least one cloud-based application and total enterprise investments in cloud-based solutions have gone up more than 10% since 2012....more

Faure: Using Client Data to Increase Law Firm Revenues  [Video]

July 18 (Bloomberg Law) -- Trevor Faure, Global Leader of Legal Services for Ernst & Young, talks with Bloomberg Law's Lee Pacchia about the challenges facing the legal profession. Faure says law firms can meet these...more

Tune Up Sign 8: Exit Panic

If an attorney suddenly left the firm, there would be a scramble to try to protect the client relationships she was working on. What does this indicate?...more

Will Insurance Cover Stolen Client Data?

It is a fact of life that large amounts of sensitive data are transported and stored electronically on flash drives, CDs and other devices. With mobility comes increased risk of lost or stolen information, along with the...more

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