News & Analysis as of

American Bar Association (ABA)

Representing Celebrities or Not, Lawyers Should Consider These Issues of Confidential Settlements

by Dentons on

Confidentiality clauses—discussed in news reports of recent celebrity sex harassment scandals—have become a standard provision for parties entering settlement agreements. Attorneys routinely advise clients on the pros and...more

Three Tips for Addressing Harassment and Discrimination in Law Firms

by Dentons on

As the national headlines in recent weeks make clear, no industry is free from allegations of sexual harassment and discrimination. In the legal field, a number of recent high-profile lawsuits have alleged discrimination by...more

Is the eDiscovery Market Growing or Shrinking? Or Maybe SHIFTING?: eDiscovery Trends

by CloudNine on

If you look at the number of eDiscovery companies that have been merged or acquired over the past couple of years, you might think that the market is shrinking. On the other hand, if you look at the number of venture capital...more

Nebraska is the Twenty Eighth State to Adopt Duty of Technology Competence: eDiscovery Trends

by CloudNine on

One of my favorite legal blogs is the LawSites blog by Bob Ambrogi. Bob is a prolific blogger who writes several posts a week, not only on his LawSites blog, but also on MediaLaw, and he co-authors Law.com’s Legal Blog...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

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

Before You Hit “Send”: Ensuring Your Attorney-Client Emails Comply with the new ABA Guidance

by Patrick Law Group, LLC on

Today’s attorneys rely heavily on technology to communicate with clients, especially email. At the same time, given the sensitive nature of many attorney-client communications and the potential windfall to anyone who...more

ABA Urges DHS To Review Standards On Border Searches Of Lawyers’ Electronic Devices

by King & Spalding on

In a May 5, 2017 letter to the Department of Homeland Security (“DHS”), American Bar Association (“ABA”) President Linda Klein urged DHS to revise directives issued in 2009 to U.S. Customs and Border Protection (“CBP”) and...more

Request for IRS Guidance on LIHTC Issues

by Ballard Spahr LLP on

Last week at the annual meeting of the American Bar Association Forum on Affordable Housing and Community Development (Forum), Michael Novey, Associate Tax Legislative Counsel, Office of Tax Policy, U.S. Department of the...more

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

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

Few States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices

by CloudNine on

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding a variety of technical topics, including the ethics for lawyers...more

[Webinar] Confidentiality and Privilege: Not One and the Same - June 14th, 12:00 pm CT

by Thompson Coburn LLP on

The lawyer’s duty of confidentiality and the attorney client privilege share a common basis, and both address information a lawyer must protect. However, they are not a single concept, and lawyers often confuse the two. ...more

Seven Takeaways from the ABA National Institute On Health Care Fraud

On May 17, 2017 the American Bar Association convened its 27th National Institute on Health Care Fraud. I have attended many of the past annual meetings, and always enjoy the presentations and the opportunity to network with...more

New Duties for Lawyers? The ABA Weighs In on Cybersecurity.

Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477, which aims to provide guidance and clarity to lawyers as they consider what level of security to give communications...more

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

by Seyfarth Shaw LLP on

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

ABA Issues Opinion on Use of Email for Lawyers

On May 11, 2017, The American Bar Association (ABA) updated its 1999 opinion regarding lawyers’ use of email for communication. Although many state bar associations have issued opinions on electronic communications and the...more

ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Korea Newsletter - May 2017

by McDermott Will & Emery on

Recent Representative Matters and News - ACUSHNET IPO - McDermott represented Korean private equity funds Mirae Asset Private Equity Partners Fund VII, Neoplux No.1 Private Equity Fund, and Woori Blackstone Korea...more

New ABA Opinion – Attorneys Must Take Reasonable Cybersecurity Measures To Protect Client Data

by Dentons on

On May 11, 2017, the American Bar Association (ABA) issued Formal Opinion 477, making clear that a lawyer may transmit information relating to the representation of a client over the Internet without violating the Model Rules...more

THE LATEST: Limiting Early Discovery in Parallel Criminal and Civil Cases

by McDermott Will & Emery on

Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a...more

Government Refuses to Define "willfulness" for FBAR Purposes

by Sanford Millar on

Whether a taxpayer's conduct in failing to report foreign financial accounts is "willful" or "non-willful" makes a huge difference in penalty determination. However the government refuses to publish a definition of...more

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In this first of a three-part...more

ABA IP Law Section Sends Section 101 Revision Proposal to USPTO Director Lee

The Intellectual Property Law Section of the American Bar Association (ABA-IPL) sent today to continuing U.S. Patent and Trademark Office Director Michelle Lee a letter containing its proposal for revising 35 U.S.C. § 10i in...more

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Cybersecurity

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