News & Analysis as of

Duty of Confidentiality

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

Skadden, Arps, Slate, Meagher & Flom LLP

Legislation Introduced To Overhaul CFPB Civil Investigative Demand Process

On October 25, 2024, a bill was introduced in the House of Representatives by sponsors from both parties that would impose heightened requirements and procedural protections for civil investigative demands (CIDs) issued by...more

Vinson & Elkins LLP

What In-House Counsel Needs to Know About Generative AI

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As generative AI technology becomes increasingly integrated into the legal profession, in-house counsel face a range of new considerations. From ensuring confidentiality to achieving cost-effective workflows, both the risk...more

WilmerHale

CPPA Enforces Data Broker Rules

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In the past month, the California Privacy Protection Agency (CPPA) announced that it was beginning a public investigative sweep of data broker regulatory compliance and reached settlements with two data broker companies just...more

Baker Botts L.L.P.

Navigating Ethical AI Guidelines from the ABA and State Bars

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The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more...more

Butler Snow LLP

Paranoid Androids [1]: Artificial Intelligence, In-House Counsel, and the Attorney-Client Privilege

Butler Snow LLP on

Many things go without saying. But the fact that attorneys wear many hats—especially those working as in-house counsel—shouldn’t be one of them. These professionals must not only appear Janus-like in their ability to...more

McDonnell Boehnen Hulbert & Berghoff LLP

ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorneys' ethical use of...more

Esquire Deposition Solutions, LLC

Pennsylvania Bar Spells Out Ethical Duties When Vendors Handle Sensitive Information

All lawyers understand that they have an ethical obligation to protect client confidential information from prying eyes, whether in a locked file cabinet, on a cloud storage device, or passing through the networks of...more

Wiley Rein LLP

Whistleblower Protections: Federal Agencies Ramp Up Enforcement

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Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more

Husch Blackwell LLP

HHS Changes HIPAA Privacy Rule to Restrict the Disclosure of Reproductive Health Care Information

Husch Blackwell LLP on

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued a final rule (the “Final Rule”) along with guidance updating the Health Insurance Portability and Accountability Act (“HIPAA”) regulations at...more

Jackson Lewis P.C.

The Importance of Whistleblower Protection and Wellbeing in the Age of Mental Health Awareness

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There are countless examples in recent news highlighting the potential for far-reaching consequences when wrongdoing goes unchecked, and when whistleblowers face unbridled public scrutiny. Safety hazards could result in...more

Fox Rothschild LLP

The Conflict Over Public vs. Private in Family Matters

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Ten days ago, seven people gathered in a Las Vegas law office to take the deposition of a child custody litigant in preparation for a hearing. During that otherwise nondescript proceeding one of the lawyers shot and killed...more

Lasher Holzapfel Sperry & Ebberson PLLC

Eight Things to Consider if You Want to Sell Your Business

Selling a business is a significant milestone. Whether you’re moving on to new ventures, retiring, or simply cashing in on your hard work, the process involves more than just finding a buyer and cashing a check. Selling your...more

Sheppard Mullin Richter & Hampton LLP

Florida Joins California in Adopting Ethical Guidelines for Attorney’s Use of Generative AI

The Florida State Bar recently adopted an advisory opinion meant to provide attorneys with guidance on how to use generative artificial intelligence (“GenAI”) without running afoul of ethics rules. In doing so, Florida...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

McDermott Will & Emery

If You Can’t Say a Secret under an NDA, Don’t Say It at All

McDermott Will & Emery on

Considering a trade secret misappropriation claim involving a business pitch that was not subject to a non-disclosure agreement (NDA), the US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment...more

DarrowEverett LLP

Should the Bar 'Bar' AI? Use in Legal Profession Has Risks and Rewards

DarrowEverett LLP on

ChatGPT, a platform from OpenAI, has been leading the charge for general use Artificial Intelligence (“AI”), with serious implications for businesses. AI is, at its core, “… the overarching description for technologies that...more

Health Care Compliance Association (HCCA)

[Virtual Event] Clinical Practice Compliance Conference - October 10th - 11th, 9:00 am - 4:45 pm CT

Are you in a clinical setting and looking for updates on compliance trends and initiatives? Join us this October for HCCA’s Virtual Clinical Practice Compliance Conference and get insights, updates, and strategies for...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Tech Lawyer and Information Scientist Walk Into a Bar; they Discuss ChatGPT, its Promise, Ethical Considerations and...

1. SUMMARY OF INSIGHTS SO FAR. A scientist and tech lawyer impressions of ChatGPT, with emphasis on how it may impact the law going forward. a. RL - "These are ALMOST the Droids we’ve been looking for!" (i) Impressed by...more

Allen Matkins

California And Vice Chancellor Laster Are 180˚  Apart On The "Circle Of Confidentiality"

Allen Matkins on

In Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC,  2023 WL 2417273 (Del. Ch. Mar. 9, 2023), Vice Chancellor J. Travis Laster ruled that two investment funds were within the "circle of confidentiality" that...more

Allen Matkins

Covington's Substantial Investment In Protecting Client Confidences

Allen Matkins on

As previously reported in this blog, the United States Securities and Exchange Commission is attempting to force the international law firm of Covington & Burling, LLP to identify hundreds of its publicly traded clients. ...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

King & Spalding

UK launches review of the Arbitration Act 1996 to ensure a ‘state of the art’ system

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Last week, the Law Commission published a consultation paper regarding the Arbitration Act 1996 (the “Act”), which is the key piece of legislation that regulates arbitration in England and Wales. The consultation paper starts...more

Health Care Compliance Association (HCCA)

[Virtual Event] Clinical Practice Compliance Conference - October 11th - 12th, 8:55 am - 4:45 pm CDT

Looking for updates on government initiatives related to physicians, clinics, and physician integrity trends? Join us this October for HCCA’s Virtual Clinical Practice Compliance Conference and get insights, updates, and...more

Conn Kavanaugh

The Hazards of Informal Advice: Friends, Family, and Holiday Parties

Conn Kavanaugh on

There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more

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