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The Italian Data Protection Authority issued detailed rules for the processing of personal data by call centers located outside the EU, which operate on behalf of Italian data controllers to provide customer care or for marketing purposes. According to Directive 95/46/EC the transfer of personal data to third countries not ensuring an adequate level of […]

Lawyers are familiar with the “litigation hold” – once litigation is reasonably anticipated, potentially relevant documents, including electronic documents, must be retained and not destroyed.  Ordinarily the scope of that data extends to the specific parties and the locations their relevant data may be found (laptops, cell phones, etc.).  But when the litigation involves the […]

                Concerned about the ethical propriety of researching the venire? Perhaps lawyers should be equally concerned about failing to employ investigative tactics to aid in jury selection. New York City Bar Formal Opinion 2012-2 illustrates this issue: “Just as the internet and social media appear to facilitate juror […]

  In my talk I will provide some elements to understand benefits and risks of cloud computing from an American lawyer’s perspective. I will go ahead analyzing the approach of American ethics opinions on cloud computing. Then, I will discuss the different implications of privacy law on cloud computing under an American perspective, as opposed to […]

              It only takes one – one patient complaint, one number coming up in a random audit, or one small device with unencrypted patient information that disappears from a car or apartment or tumbles from a backpack or purse tossed onto a restaurant chair. The cost of compliance with […]

“He has his head in the clouds,” – a familiar expression used to refer to someone who is theoretical, impractical, or dreamy.  However, for lawyers today being in the clouds is not only practical, it may be “inevitable.” Cloud computing seems to be everywhere lawyers turn, from email to legal research to data storage and […]

              In this digital age, dreams of retirement often include the idyllic concept of never, ever having to root through another email in-box, or respond in the middle of the night to an electronic missive from several times zones away. But in like manner to the way in which […]

              Several courts have held that privilege may be waived when a client sends an email to counsel on the client’s business network, where the business has notified the employee that the network may be monitored or accessed by the employer, and that employees should have no expectation of […]

In Sekisui American Corp. v. Hart, 2013 WL 4116322 (Aug. 15, 2013), Judge Scheindlin has added another important opinion to the law of electronic discovery.  In 2003-2005 Judge Shira Scheindlin of the Southern District of New York issued five rulings in the Zubulake case that have become the basis of much of the law with […]

            Let me say that something from the start: a LinkedIn profile of an attorney IS attorney advertisement and I am surprised to see that many attorneys do not treat it as such.   Because, as the NY Rules of Professional Conduct express the issue, “any public or private communication made […]