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Electronic Communications Confidential Information

Cooley LLP

Information Exchange With Competitors

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There are many situations where you may need to share information with your competitors – for example, in the context of research and development agreements, joint commercialization agreements or joint bidding arrangements....more

McGuireWoods LLP

Lawyers Beware: Seeking Hard-Copy Printouts of Privileged Emails Can Forfeit the Privilege

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Many of us (especially the older generation) like to deal with hard-copy printouts of electronic communications. But inattention to the printout process can have disastrous results....more

Pullman & Comley, LLC

ABA Ethics Committee Weighs in on Practicing Law Virtually

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In  Formal Opinion 498, issued on March 10, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided some guidance on the ethical obligations triggered when a lawyer...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

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On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

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A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

Cohen & Gresser LLP

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

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The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record...more

Fenwick & West LLP

Top Work-at-Home Privacy and Security Challenges and Return-to-Work Safeguards in the COVID-19 Crisis

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The results of recent Fenwick polling suggest that companies generally have insufficient remote-working security controls and data protection practices and are considering a variety of approaches to return-to-work safeguards....more

Esquire Deposition Solutions, LLC

Information Security Basics While Lawyering From Home

With offices shuttered and stay-home orders still in place across much of the country due to the COVID-19 pandemic, the task of providing legal services means working from home for nearly everyone, including attorneys and...more

Stange Law Firm, PC

Video conference software law firms may consider

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Many law firms are quickly looking to incorporate video conferences into their law practice. No matter whether it is communicating with clients, potential clients, internally within the firm or for recruiting purposes, video...more

Troutman Pepper

Digital Issues for Individuals Working at Home (Digital Planning Podcast)

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The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Snell & Wilmer

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

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Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

Gray Reed

Cyberspace Saves an Out-of-State Oil Company

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Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

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A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

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• 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

Seyfarth Shaw LLP

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

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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

Robinson+Cole Data Privacy + Security Insider

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

King & Spalding

There Is More To Come In Europe: The Draft Of The ePrivacy Regulation

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In January 2017, the European Commission (the “EC”) published its proposal for a new ePrivacy Regulation (the “ePrivacy Proposal”), which will replace the ePrivacy Directive of 2002 (2002/58/EC) and the Cookie Directives of...more

Morgan Lewis

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

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On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

Robinson+Cole Data Privacy + Security Insider

KitNipBox Sues Meowbox for Allegedly Hacking Website and Stealing Trade Secrets

Cat product service provider KitNipBox sued rival Meowbox in federal court in Washington alleging that Meowbox hacked into KitNipBox’s website to steal its trade secrets and confidential information and to disrupt its...more

Cozen O'Connor

Confidentiality From The Boardroom To The Bedroom

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Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions. What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more

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