News & Analysis as of

Rules of Professional Conduct

Collecting Information Through Deception Should Not Be Undertaken Lightly

by Burns & Levinson LLP on

While Rules 4.1(a) and 8.4(c) of the Massachusetts Rules of Professional Conduct prohibit attorneys from making false statements to third parties and/or engaging in conduct that is dishonest, fraudulent or involves...more

Three Reasons to Break Up With a Client

by Dentons on

Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path. It should therefore come as no surprise that withdrawing from...more

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...more

Third Circuit Revives In-House Attorney’s Whistleblower Claim

On July 25, 2017, the Third Circuit allowed a plaintiff who was an in-house attorney to proceed with a whistleblower retaliation lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA) based on its...more

No Rules, Just Be Right? The ABA's New Technology Ethics Opinion

by JD Supra Perspectives on

On the heels of the recent Petya ransomware attack, which infected DLA Piper's IT systems, a superb analysis by Peter Norman of the ABA's Formal Opinion 17-477R on lawyers' ethical responsibilities when using information...more

Trademark Investigations In The Age Of Social Media: When Can You “Friend” An Adversary?

I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more

PTAB Denies Motion to Withdraw as IPR Counsel

by Jones Day on

In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC (“Counsel”) to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722). Counsel...more

Timely Reminder: Lawyers’ Ethical Obligations and Technology

by Morgan Lewis on

In June 2017, companies, government entities, and law firms faced a global ransomware attack from a type of malware where attackers lock certain data or components of a system and demand payment in exchange for returned...more

Three Tips for Avoiding Social Media Conflicts

by Dentons on

While most attorneys recognize the value of social media in promoting their practices, attorneys do not always apply the same level of care when using social media in a supposedly personal capacity. However, recent...more

AML Due Diligence Standards for U.S. Lawyers

by Ballard Spahr LLP on

Increasingly, international bodies are calling for higher standards for gatekeepers, known in the parlance of the Financial Action Task Force (“FATF”) as “designated non-financial businesses and professions” (“DNFBPs”)....more

Cybersecurity Steps Every Lawyer Should Consider

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

Official Report Leaves One Eager to Know More about 'Racially Insensitive' Judge

by PretiFlaherty on

There’s one intriguing item, and one only, in the latest annual report of the Massachusetts Commission on Judicial Conduct, which fills some 90 pages of text. (I read these things so you don’t have to.) It concerns a...more

Steps for Limiting Liability as Local Counsel

by Dentons on

Many litigators have either sought or served as local counsel at least once in their careers. Litigators with national practices may work with local counsel more often than not. Those with niche practices based in specialized...more

Exposé: Illegal attorney solicitation runs wild in Detroit

by Michigan Auto Law on

Until the Attorney Grievance Commission finally takes action to stop it, Detroit will keep paying for illegal attorney solicitation of car crash injury victims... ...more

Code of Law: If You See Something, Say Something

by Dentons on

The legal profession's system of self-governance relies in part on what is effectively an "honor code" for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney, many states require that...more

Don’t Let New Technology Cloud Your Legal Judgment

Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016, up from 31% in 2015, and 30% in...more

Magistrate Judge Rules SEC’s Attorney-Conduct Rules Preempt State Law

by Allen Matkins on

Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC’s attorney-conduct rules preempt California’s statutory and professional rules requiring attorneys to maintain inviolate the confidences. Wadler v....more

Five Things You Should Know About Discovery Under The New Business Court Rules

by Brooks Pierce on

There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

CFPB Seeks Feedback on Proposed Third Party Debt Collection Rules

Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. Below, he shares his thoughts from the meeting....more

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

Is This the Age of Technical Competence for Attorneys?: eDiscovery Trends

by CloudNine on

Last year, I led off the year with a post declaring that the age of eDiscovery automation is upon us (even with an exclamation point for emphasis!). Was that the case?...more

Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank

California’s USDC–ND ruled that Bio-Rad Laboratories’ former General Counsel may use privileged communications to prove his retaliatory-discharge case prosecuted under Sarbanes–Oxley and Dodd–Frank’s whistleblower...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

BaFin Publishes Circular on Solvency II - Bafin published a revised draft circular on 7 December 2016 addressing Solvency II entities regulated by the BaFin which will enter into force on 1 January 2018. The draft...more

81 Results
|
View per page
Page: of 4
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.