News & Analysis as of

American Bar Association (ABA)

USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges

by Jones Day on

The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...more

ABA Provides Guidance on Required Disclosure of Attorney Errors

On April 17th, the American Bar Association provided a formal opinion regarding the requirement that attorneys disclose errors to clients. Its opinion was based on Rule 1.4 of the Model Rules of Professional Conduct, which...more

ABA Explains When a Lawyer Must Tell a Client About a Mistake by the Lawyer

by Holland & Knight LLP on

• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more

Three Key Federal Income Tax Issues Raised by Cryptocurrencies

Cryptocurrencies – the original, and most famous of which, Bitcoin, was “designed” in 2009 by Satoshi Nakamoto (a pseudonym) – give rise to a number of tax issues, three of which we discuss in this article: (1) the effect of...more

Ethical Obligations and Blogging: ABA Opinion Serves as Reminder

by Morgan Lewis on

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility (ABA Committee) issued Formal Opinion 480 on March 6, titled, “Confidentiality Obligations for Lawyer Blogging and Other Public...more

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

by Holland & Knight LLP on

• 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

Restrictive Covenants Place In-House Attorneys in a Real Predicament – But Are They Enforceable?

by Fisher Phillips on

Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel...more

Ethical Issues in Using Social Media

by Epiq on

Why should lawyers care about social media, and whether they are using it ethically? Obviously, lawyers should be concerned about compliance with ethical requirements in everything they do, but there may be some hidden...more

ABA Passes Resolution Updating Sex Harassment Prevention Practices

by Shipman & Goodwin LLP on

Last week, I had the opportunity to again represent Connecticut as the State Delegate for the American Bar Association’s House of Delegates at the Vancouver ABA Midyear Meeting. Among the resolutions debated was Resolution...more

Legal Marketing Association Advocates for Amendments to ABA Model Rules on Lawyer Advertising

It is critical that legal marketers continue to have a voice in this ongoing discussion, and LMA is determined to be that voice....more

ABA to Debate Resolutions on Title VII and Sexual Harassment

by Shipman & Goodwin LLP on

The American Bar Association (ABA) holds its Midyear Meeting later this week in Vancouver (Canada!) and the House of Delegates is scheduled to debate several resolutions of interest to employers and employment lawyers. As...more

Learning from 2017 and Looking Forward to 2018

by Dentons on

The end of the year is an ideal time for attorneys to look back on the recent developments in legal malpractice law that may impact their practices for years to come. It is also a good time for attorneys to look forward to...more

The New ABA Opinion on the “Generally Known” Exception to Former-Client Confidentiality and Disqualification: An Attempt to Put a...

by Holland & Knight LLP on

• In Formal Opinion 479, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently sought to define the important term of “generally known” information. • Information is...more

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

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