Legal Industry Series, Part 3: “Reasonable” Steps to Prevent Disclosure
In this legal series, we reviewed the new ABA opinion describing a lawyer’s “Duty to Protect the Confidentiality of Email Communications with One’s Client” and how email encryption is becoming a legal...
View ArticleRecent State Bar Opinion Offers Law Firms Guidance on Cloud Data Security
With the American Bar Association (ABA) TECHSHOW coming up later this month in Chicago, it’s an opportune time to review a recent state bar opinion regarding law firms’ use of cloud-based...
View ArticleLawyer Use of Cloud Services Versus Email – An Ethical Distinction Without a...
In earlier Legal Industry Series posts, we’ve examined the evolving ethics rules concerning lawyers’ duty to protect the confidentiality of client information transmitted via the internet or stored in...
View ArticleLawyer Use of Cloud Services, Part 2 – Reasonable Steps to Protect...
Part one of our discussion of the evolving ethics rules about lawyers’ use of Cloud services covered Massachusetts State Bar Opinion 12-03 (May 2012). In part two, I’d like to explore steps lawyers...
View ArticleABA: Lawyers Must Implement Reasonable Data Security for Client Information
This week, the American Bar Association (ABA) House of Delegates adopted changes to Model Rule 1.6 of the ABA Model Rules of Professional Conduct. New subsection (c) adds the following sentence to the...
View ArticleBoilerplate Confidentiality Notices in Email – Why Bother?
Recent conversations on the Association of Corporate Counsel message boards have considered whether there is any value in appending to emails an automated notice to the effect that the contents may be...
View ArticleLaw Firm: Cryptography is Going Mainstream
On the Privacy and Security Matters blog sponsored by the Mintz Levin law firm, Sara Crasson has a great observation about the growing use and importance of encryption to protect sensitive data –...
View ArticleEmail and Unreasonable Expectations of Privacy
In light of the recent alleged NSA snooping, I was reminded of a Spring 2012 article that grabbed my interest. Published by the ABA publication The SciTech Lawyer, Evolving Technology and Privacy Law:...
View ArticleBoard Communications: A Better Security Approach to Managing Data Risks
Thomson Reuters recently published its 2012 Board Governance Survey Report, Meeting Expectations of Board Governance: Board Oversight, Communications and Technology in a Global Landscape. The report...
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Reasonable Expectations of Employee Privacy in BYOD
In June 2014, the U.S. Supreme Court ruled in Riley v. California that police officers generally* may not search the digital information on a smartphone without first obtaining a warrant. Law...
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