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 […]
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…
YourABA 2014 The article discusses the following topics: Email: To encrypt or not to encrypt? Reference to ABA Formal Opinion 99-413, 11-459 and 11-460; North Carolina Opinion 2012-5 (2012) Portable devices. Reference to California State Bar Opinion 2010-179 Cloud Computing. Reference to Alaska Opinion 2014-3; Washington state bar Opinion 2215 (2012); California State Bar Interim Opinion 11-0004 […]
52 Hofstra Law Review 175 (2013) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378492##; Chapman University Law Research Paper No. 13-17. Available at SSRN: http://ssrn.com/abstract=2378492 From the author’s abstract “When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary […]
By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with metadata. The chart lists the answer given by the several opinions to the following questions: “What is the Sender’s Duty When Transmitting Metadata?” “May the Recipient Review or […]
Metadata refers to information embedded in electronic documents, such as date of creation, author of the document, changes made to the document, author and date of changes, when the document was last saved, and comments to the document. In ABA Formal Opinion #06-422, the ABA Committee advised that a lawyer who received a document from […]
19 Rich. J.L. & Tech 9 (2013), available at http://jolt.richmond.edu/v19i3/article9.pdf From the Article: “Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (‘ESI’) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what […]
19 Rich. J. L. & Tech 8 (2013), available at http://jolt.richmond.edu/v19i3/article8.pdf From the Article: “A large number of federal districts have undertaken local initiatives to deal with e-Discovery. Some merely make passing reference to e-Discovery in local rules while others explicitly describe topics deemed worthy of attention or mandate specific measures to resolve open e-discovery issues. […]
Professor Nathan M Crystal, Technology and Confidentiality Topics of the presentation (1) public use of technology: California Ethics Committee Formal Opinion 2010-179 ABA Formal Opinion 99-413 South Carolina Rule of Professional Conduct 1.6 (2) metadata in document transmission […]
The Author’s Abstract: “Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for […]