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Confidential Information Young Lawyers

Fishman Haygood LLP

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

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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

Sands Anderson PC

Dead Men Tell No Tales, But Can Their Lawyers? A Lawyer’s Duty to Disclose the Death of a Client

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Consider the scenario in which opposing counsel provided a settlement offer that the client approved, but the lawyer has not communicated its acceptance to opposing counsel prior to the client’s death. A zealous advocate may...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

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

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

McGlinchey Stafford

Alexa, can you hear my clients? Confidentiality Obligations in the Coronavirus Work from Home Era

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Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more

Nancy Myrland - Myrland Marketing & Social...

Lawyers, Protect Client Confidentiality When Using Social Media

When conducting social media training, a common concern I run across has to do with attorneys and staff being afraid they will post something that will get them in trouble. Consequently, they hold back from using these tools...more

Perkins Coie

When Redactions Don’t Redact

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The press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to...more

Hinshaw & Culbertson LLP

California Attorneys Must Obtain Client's Signed Understanding of Mediation Confidentiality, Effective January 1, 2019

Senate Bill No. 954; Mediation: confidentiality: disclosure - Brief Summary - Effective January 1, 2019, California attorneys will be required to provide written disclosures to their client explaining mediation...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

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• 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

Jackson Lewis P.C.

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

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U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

Ward and Smith, P.A.

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

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While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

McGuireWoods LLP

How Can Law Firms Help Maximize Privilege Protection for Consultants They Hire?

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Last week's Privilege Point highlighted the difficulty of establishing that client agents/consultants are inside privilege protection. In contrast, lawyer’s agents/consultants can deserve privilege protection – but only if...more

Butler Weihmuller Katz Craig LLP

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

Sheppard Mullin Richter & Hampton LLP

Lessons Learned: Tips on How to Allege and Argue Trade Secret Misappropriation at a Preliminary Injunction Hearing

Since its passage in 2016, the Defend Trade Secrets Act (DTSA) has increasingly become a valuable tool for employers seeking to enjoin former employees and competitors from misappropriating trade secrets. However, in requests...more

Orrick - Trade Secrets Group

Pooley’s Corner: What Divorce Court Teaches About Trade Secret Litigation

I still remember the day I decided never to do another divorce case. My client called to tell me that her ex was taking the kids to his mother’s house where she would look for holes in their socks and then rip them with her...more

Seyfarth Shaw LLP

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

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In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of...more

Seyfarth Shaw LLP

Don’t Forget to Establish Personal Jurisdiction in Defend Trade Secrets Act Cases

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It is well known that 18 U.S.C. § 1836, et seq. (the Defend Trade Secrets Act or “DTSA”) finally provides a mechanism for pursing trade secret claims in federal court. A recent decision, however, serves as an excellent...more

Seyfarth Shaw LLP

Searches of Devices at the U.S. Border

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Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

Cooley LLP

Alert: What US Lawyers Should Know About Protecting Confidential Information in the UK

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Confidential information can be one of a business's most prized and valuable assets, regardless of the industry in question. However, it is rarely something which can be locked in a safe because employees often require access...more

Orrick - Trade Secrets Group

Pooley’s Corner: How to Recruit and Hire While Avoiding Data Contamination

When we think about trade secrets, we usually focus on keeping our own data safe. But an even bigger risk comes from hiring employees who can infect our systems with confidential information from a competitor. Companies often...more

Orrick - Trade Secrets Group

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Proskauer - Minding Your Business

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

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Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

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