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Confidential Information › Attorney-Client Privilege › Young Lawyers

Sands Anderson PC

Dead Men Tell No Tales, But Can Their Lawyers? A Lawyer’s Duty to Disclose the Death of a Client

Sands Anderson PC on

Consider the scenario in which opposing counsel provided a settlement offer that the client approved, but the lawyer has not communicated its acceptance to opposing counsel prior to the client’s death. A zealous advocate may...more

McGlinchey Stafford

Alexa, can you hear my clients? Confidentiality Obligations in the Coronavirus Work from Home Era

McGlinchey Stafford on

Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more

Nancy Myrland - Myrland Marketing & Social...

Lawyers, Protect Client Confidentiality When Using Social Media

Nancy Myrland - Myrland Marketing & Social... on

When conducting social media training, a common concern I run across has to do with attorneys and staff being afraid they will post something that will get them in trouble. Consequently, they hold back from using these tools...more

Esquire Deposition Solutions, LLC

How Social Media Waives Former Client Confidentiality

Esquire Deposition Solutions, LLC on

Privacy is actively discouraged by using social media. Chat rooms encourage public discussions, Facebook posts are available for friends to see, and lengthy arguments fuel a frenzy of comments and re-tweets on Twitter feeds....more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

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

Jackson Lewis P.C.

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

Jackson Lewis P.C. on

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

Ward and Smith, P.A.

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

McGuireWoods LLP

How Can Law Firms Help Maximize Privilege Protection for Consultants They Hire?

McGuireWoods LLP on

Last week's Privilege Point highlighted the difficulty of establishing that client agents/consultants are inside privilege protection. In contrast, lawyer’s agents/consultants can deserve privilege protection – but only if...more

Butler Weihmuller Katz Craig LLP

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

Butler Weihmuller Katz Craig LLP on

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

Sullivan & Worcester

Are Legal Hold Notices Immune from Discovery?

Sullivan & Worcester on

Why do lawyers write “Privileged & Confidential” at the top of a legal hold notice? Most courts have decided that legal hold notices are immune from discovery, but not because of the header or title. What generally protects...more

Pillsbury - Internet & Social Media Law Blog

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

Pillsbury - Internet & Social Media Law Blog on

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Eversheds Sutherland (US) LLP

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Eversheds Sutherland (US) LLP on

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

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