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Data Security American Bar Association (ABA)

Katten Muchin Rosenman LLP

Privacy, Data and Cybersecurity Quick Clicks | Issue 20

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

Legal Internet Solutions Inc.

Gen AI and Attorney Ethics: A State-by-State Roundup

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more

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

ABA Addresses Lawyer Generative AI Use: Key Takeaways from ABA's Latest Ethics Opinion

The American Bar Association (“ABA”) recently issued Formal Opinion 512, providing essential guidance for lawyers and law firms using Generative AI (“GAI”) tools. As we have written about previously, when lawyers employ GAI...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

Cadwalader, Wickersham & Taft LLP

Trends in 2024: Consumer Financial Services Edition

Earlier this week, the Consumer Financial Services Law Subcommittee of the American Bar Association’s Business Law Section met in Santa Barbara for its winter meeting. This conference brings together practitioners in consumer...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...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

Association of Certified E-Discovery...

E-Discovery Gold Nuggets: Part 3

For the third installment of the “E-Discovery Gold Nuggets” blog, ACEDS Kansas City Chapter Leader Daniel Gold tackles topics of data transparency and the slippery slope of data. Gold shares industry insight and e-discovery...more

Constangy, Brooks, Smith & Prophete, LLP

California Bar Requires Attorneys To Embrace Technology

Ditch those pens and Dictaphones! A colleague recently commented about how a former partner liked to joke, “I’ll break your hand if I catch you writing a brief by pen and paper!” Guess what his preferred technology...more

Holland & Knight LLP

ABA Offers General Guidance for Virtual Law Practices, But Leaves Questions Unanswered

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The American Bar Association (ABA) has issued Formal Opinion 498, which outlines several of the ethical implications of maintaining a virtual law practice but focuses primarily on data privacy and security issues. Although...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

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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

Esquire Deposition Solutions, LLC

Are We Taking Data Security Seriously Enough?

Every litigator should be able to give a positive answer to the following question: “Did I do everything reasonably possible to protect my clients against the loss of information they entrusted to me?”...more

Blank Rome LLP

ABA Issues Formal Opinion Detailing Lawyer Obligations Relating to Cyber Attack Incidents

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Law firms—more so than other business entities—are prime targets, and victims, of computer-network penetration and data theft. Law firms have access to their clients’ personal information, including sensitive, heavily...more

Epiq

ABA Issues Opinion - How To Respond to Data Breaches

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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

Patterson Belknap Webb & Tyler LLP

ABA Provides Guidance for Law Firm Data Breaches

Lawyers don’t get a free pass when it comes to data security. In fact, ethical rules impose a series of obligations on lawyers when they or their firms are subject to a data breach....more

Fisher Phillips

Attorneys Must Consider Ethical Obligations Associated with a Data Breach

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Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area...more

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

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Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more

Proskauer - Minding Your Business

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...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

Burr & Forman

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

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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

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