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This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...more
At first glance, TikTok might not have obvious utility to the working professional. After all, its pandemic-era popularity seems to be the product of Zoom-schooled and homebound Gen Zers who flocked to the app as a new...more
Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more
Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more
Law Partnerships – Age Discrimination Against Law Firm Partners – Owners or Employees – Civil Rights Laws - Von Kaenel v. Armstrong Teasdale, LLP, 943 F. 3d 1139 (2019) - Risk Management Issue: Are law firm partners...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more
Engagement Agreements – Description of Scope of Representation – No Liability for Failing to Act Outside the Scope of the Agreement - Attallah v. Milbank, Tweed, Hadley, 2019 NY Sup. Ct. Slip Op 00583 (January 31, 2019) - ...more
Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more
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
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
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more
Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more
“Electronic document creation and/or storage, and electronic communications, have become commonplace in modern life, and discovery of ESI is now a frequent part of almost any litigated matter. Attorneys who handle litigation...more
Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct...more