News & Analysis as of

Data Security American Bar Association (ABA) Law Practice Management

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

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

Holland & Knight LLP

ABA Offers General Guidance for Virtual Law Practices, But Leaves Questions Unanswered

Holland & Knight LLP on

The American Bar Association (ABA) has issued Formal Opinion 498, which outlines several of the ethical implications of maintaining a virtual law practice but focuses primarily on data privacy and security issues. Although...more

Esquire Deposition Solutions, LLC

Are We Taking Data Security Seriously Enough?

Every litigator should be able to give a positive answer to the following question: “Did I do everything reasonably possible to protect my clients against the loss of information they entrusted to me?”...more

Blank Rome LLP

ABA Issues Formal Opinion Detailing Lawyer Obligations Relating to Cyber Attack Incidents

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Law firms—more so than other business entities—are prime targets, and victims, of computer-network penetration and data theft. Law firms have access to their clients’ personal information, including sensitive, heavily...more

Epiq

ABA Issues Opinion - How To Respond to Data Breaches

Epiq on

In 2018, 1,244 data breaches occurred in the U.S. with over 445.6 million records exposed with a cost of $654 billion. Lawyers make a promise to safeguard confidential client data when they enter into an attorney-client...more

Fisher Phillips

Attorneys Must Consider Ethical Obligations Associated with a Data Breach

Fisher Phillips on

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

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

White and Williams LLP on

Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...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

Burr & Forman

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Burr & Forman on

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

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