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ChatGPT and related artificial intelligence technologies are one of the most exciting developments to hit the legal profession in decades. Their ability to synthesize large datasets of legal information and deliver...more
Following the murder of George Floyd in 2020, companies increasingly began performing racial equity and civil rights assessments to measure company performance in terms of achieving goals related to social justice and...more
As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more
In March, the American Bar Association (ABA) released a lengthy opinion on virtual practice. Formal Opinion 498 states that while the ABA Model Rules of Professional Conduct allow lawyers to conduct their practice virtually,...more
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
In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided guidance to practitioners on responding to negative online reviews...more
Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more
Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more
Law Partnerships – Age Discrimination Against Law Firm Partners – Owners or Employees – Civil Rights Laws - Von Kaenel v. Armstrong Teasdale, LLP, 943 F. 3d 1139 (2019) - Risk Management Issue: Are law firm partners...more
On January 9, 2020, the Supreme Court of Virginia approved Legal Ethics Opinion (“LEO”) 1890, which comments on a number of issues under Virginia Rule of Professional Conduct 4.2, “Communication with Persons Represented by...more
Insurance Coverage – Computer Fraud – E-Mail "Spoofing" - Trick or Treat Editors' Note: Does anything cause deeper mortal terror than the prospect of an uncovered loss? In a tale that has an all-too infrequent happy ending...more
Doing Business with a Client – Rule 1.8 Conflicts Arising from Transactionswith Clients – Enforceability of the Transaction - Calvert v. Mayberry, 2019 CO 23 - Risk Management Issue: What are the risks for an attorney who...more
Engagement Agreements – Mandatory Fee Arbitration Provisions – Malpractice Arbitration Provisions - District of Columbia Ethics Opinion 376 - Risk Management Issue: What are the requirements to make agreements to arbitrate...more
Engagement Agreements – Description of Scope of Representation – No Liability for Failing to Act Outside the Scope of the Agreement - Attallah v. Milbank, Tweed, Hadley, 2019 NY Sup. Ct. Slip Op 00583 (January 31, 2019) - ...more
We all know data breaches can impact all of us, regardless of whether we are a Fortune 500 company or a small business....more
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
Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one...more
Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more
From legal adviser to business strategist to compliance officer, an in-house counsel typically finds herself playing multiple roles in her organization. Each role requires knowing the organization's business, understanding...more