Does the GDPR Apply to My Organization? The “Extraterritoriality” of the New European Data Protection Regulation

Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) repeals Directive 95/46/EC and expands on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The GDPR will come into force in May 2018 and will have an expanded territorial scope of application compared to […]

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Bidding on the name of a competitor firm to obtain a sponsored link above the competitor in a Google search does not violate Wisconsin’s privacy law

Under Wisconsin law use of a person’s name for advertising purposes without the person’s consent violates the right of privacy.  In Rottier, v. Cannon, 828 N.W.2d 876 (WI Ct. App. 2013), rev. denied, 839 N.W.2d 616 (2013), the defendant law firm purchased the names of the plaintiffs from Google, Yahoo!, and Bing. Whenever a searcher entered the names […]

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Technology and Ethics (“Technethics”) – 2013 in Review – Part Two

Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) Bidding on the name of a competitor firm to obtain a sponsored link above the competitor in a Google search does not violate Wisconsin’s privacy law.  Under Wisconsin law use of a person’s name for advertising purposes without […]

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Lawyers may text to potential clients but with so many limitations that it might not be worth its while

The Ohio Disciplinary Board has advised that lawyers may use text messaging to contact potential clients.  In addition, the Board decided that text messaging generally did not amount to “real-time electronic contact” in violation of Rule 7.2 dealing with solicitation, distinguishing text messaging from contact in chat rooms.  Ohio Opinion #2013-2.   However, the committee also […]

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Technology and Ethics (“Technethics”) – 2013 in Review – Part One

Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) In past years I have written a year-in-review Ethics Watch column, covering significant South Carolina ethics decisions and opinions, along with ABA Formal Opinions issued during the year. Because technology is playing an increasingly important role in the […]

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Nathan M. Crystal, Lawyers may text to potential clients but with so many limitations that it might not be worth its while

The Ohio Disciplinary Board has advised that lawyers may use text messaging to contact potential clients.  In addition, the Board decided that text messaging generally did not amount to “real-time electronic contact” in violation of Rule 7.2 dealing with solicitation, distinguishing text messaging from contact in chat rooms.  Ohio Opinion #2013-2.   However, the committee also […]

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