News & Analysis as of September 18, 2024

Cybersecurity › Rules of Professional Conduct

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Actionable Advice When Sharing Client Data with Vendors

Esquire Deposition Solutions, LLC on 5/21/2024

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

Sheppard Mullin Richter & Hampton LLP on 4/11/2024

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more

ABA Urges Lawyers to Raise Their Cybersecurity Game

Esquire Deposition Solutions, LLC on 8/10/2023

The American Bar Association has again called on law firms to do more to protect their computer systems from intrusion by bad actors. The ABA’s House of Delegates approved Aug. 8 a trio of resolutions addressing cybersecurity...more

Caution Signs Line the Road to Wider ChatGPT Adoption

Esquire Deposition Solutions, LLC on 5/23/2023

ChatGPT and related artificial intelligence technologies are one of the most exciting developments to hit the legal profession in decades. Their ability to synthesize large datasets of legal information and deliver...more

With Threats Rising, New York Mandates Cybersecurity Training for Lawyers

Esquire Deposition Solutions, LLC on 11/21/2022

Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first...more

Key Ethical Obligations in the Era of Modern Law

Epiq on 7/27/2022

To achieve modernization, the legal industry is operating off a new mindset requiring focus on efficiency and innovation when making operational decisions. Legal departments, law firms, legal service providers, and other...more

New York Weighs First-Ever Cybersecurity CLE Requirement

Esquire Deposition Solutions, LLC on 3/22/2022

The New York State Unified Court System recently published for public comment a proposal that would require state’s lawyers to take one hour of continuing legal education (CLE) on cybersecurity topics. The proposal, if...more

Lawyers Encouraged to Vet Tech Vendors Carefully

Esquire Deposition Solutions, LLC on 5/3/2021

Law firms are prime targets for hackers. Why? Because their computer networks contain highly concentrated, high-value information about many parties that is often not well-protected. One often-overlooked vulnerability is the...more

New York Could Become the First State to Require Cybersecurity CLE

Epstein Becker & Green on 9/4/2020

New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education (“CLE”) requirement. The House of Delegates of the New York State Bar Association (“NYSBA”) has...more

Information Security Basics While Lawyering From Home

Esquire Deposition Solutions, LLC on 5/19/2020

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

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

Troutman Pepper on 4/29/2020

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

Ethics Violations and the Rise of eDiscovery Technology

Association of Certified E-Discovery... on 8/13/2019

A Federal Court judge recently told me that when he asked the lawyer about the ESI (Electronically Stored Information) in his matter, the lawyer replied there wasn’t any. When the judge asked if there were going to be any...more

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 11/12/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Attorneys Must Consider Ethical Obligations Associated with a Data Breach

Fisher Phillips on 10/31/2018

Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area...more

New Ethics Guidance for Lawyers from the American Bar Association (ABA) Regarding Data Breach and Cyber-attack

Robinson+Cole Data Privacy + Security Insider on 10/22/2018

We all know data breaches can impact all of us, regardless of whether we are a Fortune 500 company or a small business....more

SEC Enforcement in Financial Reporting and Disclosure—2018 Mid-Year Update

Jones Day on 8/2/2018

Chairman Jay Clayton's vision for the Securities and Exchange Commission has largely shaped the first half of 2018, with policies and initiatives focused on the "main street investor" and combating clear cases of outright...more

No Rules, Just Be Right? The ABA's New Technology Ethics Opinion

Law Matters on 7/26/2017

On the heels of the recent Petya ransomware attack, which infected DLA Piper's IT systems, a superb analysis by Peter Norman of the ABA's Formal Opinion 17-477R on lawyers' ethical responsibilities when using information...more

Timely Reminder: Lawyers’ Ethical Obligations and Technology

Morgan Lewis on 7/11/2017

In June 2017, companies, government entities, and law firms faced a global ransomware attack from a type of malware where attackers lock certain data or components of a system and demand payment in exchange for returned...more

Cybersecurity Steps Every Lawyer Should Consider

Bradley Arant Boult Cummings LLP on 6/29/2017

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Adams and Reese LLP on 3/16/2015

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

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

Eversheds Sutherland (US) LLP on 2/25/2015

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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