News & Analysis as of

Duty of Confidentiality

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations Workshop - March 10th - 11th, 8:00 am - 5:00 pm CT

Learn why investigations matter—and how to conduct them effectively - When done right, compliance investigations play a critical role in revealing risks and process gaps. They also help to build trust across your...more

TransPerfect Legal

Hear from the Judges: Generative AI and Other eDiscovery Challenges

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eDiscovery has become increasingly complex and costly. What once involved a few servers and email archives has become a vast network of cloud systems, collaboration tools, and AI-driven applications. As the volume and variety...more

DLA Piper

Should I Input Privileged Advice Into A Public AI Tool And Can I Maintain Privilege When Doing So?

DLA Piper on

No – there is a risk that the court would treat that advice as published to the world and it may amount to a breach of any applicable regulatory duties. In practice, doing so may only amount to a theoretical rather than...more

Cooley LLP

Director Personally Liable for Breach of Confidence

Cooley LLP on

In Kieran Corrigan & Co Ltd v. OneE Group Ltd, Bashir Timol and others, a company’s director was held personally liable for breach of confidentiality for signing off on the company’s marketing of a tax mitigation structure...more

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

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The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Association of Certified E-Discovery...

[Webinar] AI and You Series - ABA Guidance and What You Can Do with Commercially Available AI Tools Without Breaching Your Ethical...

As artificial intelligence tools become more accessible, legal teams face growing pressure to adopt them in e-discovery, litigation, and legal operations. In response, the American Bar Association has issued guidance to help...more

McGuireWoods LLP

Of Course Claiming “Ineffective Assistance of Counsel” Waives Privilege Protection, But …

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Since lawyers draft their own ethics rules, they unsurprisingly include provisions allowing them to disclose client confidences to defend themselves from clients’ (and even third parties’) attacks. A paradigmatic example...more

Strafford

[Webinar] AI and the Legal Industry: Ethical Issues, Privacy/Security Considerations, Best Practices for Using AI - Navigating...

Strafford on

This CLE webinar will guide counsel on navigating the challenges when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations. The panel will also offer best practices...more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - September 11th - 14th, Atlanta, GA

Are you committed to becoming a successful, skilled mediator? Join us for our General Civil Mediation Training from September 11-14, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the...more

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

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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

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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

Eight Things to Consider if You Want to Sell Your Business

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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 & Schulte

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

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

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