Interesting blog authored by Bart Huffman and Charles Salmon of Locke Lord LLP (see here) discusses some legal issues generated by cyber-security incidents. The blog specifically deals with the issue of whether non-public written records concerning the breach (e.g. minutes of meetings, communications among the response team, etc.) may be privileged or protected under the work product doctrine. For more information, […]
The authors (Bart Huffman and Charles Salmon of Locke Lord LLP) discuss some legal issues generated by cyber-security incidents. The blog specifically deals with the issue of whether non-public written records concerning the breach (e.g. minutes of meetings, communications among the response team, etc.) may be privileged or protected under the work product doctrine. The full text is available at http://www.jdsupra.com…
On September 22, 2015, the West Virginia Office of Disciplinary Counsel Legal Ethics issued a comprehensive opinion to provide the guidance for lawyers on the use of social media for both business and personal matters. West Virginia Office of Disciplinary Counsel Legal Ethics Opinion 2015-02 Lawyer Disciplinary Board – L.E.O. 2015-02 The Disciplinary Board provided […]
Information Law Journal, Vol. 6, Issue 2, Autumn 2015 From the article Privilege protections encourage full and candid communication between legal counsel and clients. These communications plainly serve a valuable role — but, protecting privileged communications during discovery can become one of the most time consuming and expensive elements of large-scale e-discovery projects. And, in […]
On July 1, 2015, the Rechtbank Den Haag (the Dutch District Court of the Hague) found the practice of the Dutch government to intercept Dutch law firms illegal. A Dutch law firm, Prakken d’Oliveira, accused the Dutch government of spying on the law firm’s privileged conversations. The CCBE intervened in the process to highlight the […]
On April 23, 2015, the Grand Chamber of the European Convention on Human Rights held, in addition to one other finding, that the conviction for defamation of a lawyer revealing serious shortcomings in the justice system was a disproportionate interference with his right to freedom of expression. Morice v. France, (Application no. 29369/10). On 19 October […]
During a plenary meeting on January 13, 2015, the MEPs at the EU Parliament discussed whether a “structural” surveillance justified by “national security” would excuse tapping conversations between lawyers and their clients. The MEPs debated on how to balance national security needs and the right to confidentiality of communications between lawyers and suspects or accused […]
Author discusses and provides Best Practices to help regular users of email to be more efficient and avoid embarrassing and ethically questionable conducts. Source:New York Legal Ethics Reporter The full text is available at http://www.newyorklegalethics… New York Rules of Professional Conduct: 4.4(b) Mentioned ethic opinions: ABA Comm. on Ethics and Prof. Responsibility, Formal Op. 99C413 […]
Major law firm has been sued by a prospective client for legal malpractice. The law firm allegedly communicated confidential information by disclosing an email in which the potential client sought representation as a possible whistleblower. According to the suit, plaintiff emailed an attorney of the firm requesting legal representation. The request contained privileged information regarding […]
Author discusses why “Rule 4.4(b) provides no immediate protection to confidential information in the inadvertently disclosed document”. Mentioned Rule: 4.4(b) New York Code of Professional Responsibility The full text of the document is available at http://www.bryancave…