Technology is rapidly changing the way lawyers provide services. This is so especially in light of the Covid-19 pandemic, which creates new and different ethical challenges to confidentiality, cyber fraud and securing data, marketing and advertising concerns, and client communications. This webinar will address a myriad of new problems lawyers are facing and some practical suggestions and solutions that arise out of the changing manner and pace of the practice of law. This webinar will also cover several ABA Model Rules of Professional Conduct.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/best-practices-regarding-technology-2021/
Single Asset Real Estate Cases (Series: Fairness Issues in Real Estate-Based ...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization.
But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parties have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2021/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
Ai on the case legal and ethical issues (may 17 2019)Richard Austin
Presentation on the legal and ethical issues that the use of Artificial Intelligence products and systems presents for lawyers including discussion of ABA Model Rules of Professional Conduct
Do You Wannacry: Your Ethical and Legal Duties Regarding Cybersecurity & PrivacyButlerRubin
Butler Rubin Partner, Dan Cotter discusses in detail the changes to the Model Rules of Professional Conduct that impact lawyers and their obligations to understand technology and safeguard against inadvertent data breaches.
With the rise of entrepreneurship, intellectual property is booming. This creates a wealth of opportunities for attorneys to start or grow their IP practice. But, like with any area of law, IP requires specialized knowledge to succeed and comply with best practices. Technology is an essential element to minimizing risk in any practice, but particularly, in the deadline-driven world of IP.
Cyber Liability Coverage in the Marketplace with Dan CotterButlerRubin
Butler Rubin partner Daniel A. Cotter discussed the Model Rules of Professional Conduct (RPCs) as they relate to lawyers’ technology obligations at the National Association of Bar Related Insurance Companies (NABRICO) 2017 Annual Conference hosted by ISBA Mutual in Chicago, IL. Dan joined a panel of experts including Michael Hannigan (Konicek & Dillon), Alex Ricardo (Beazley Group), and Daniel Zureich (Lawyers Mutual Insurance Company of North Carolina) to discuss, “Cyber Liability Coverage in the Marketplace.” Dan emphasized the need for the insurers to consider what the reasonable standard is for lawyers and to help frame the answer. Dan also addressed some recent cyber-related decisions and cases pending.
For more information on developments in the cyber insurance and privacy areas, contact Dan Cotter (dcotter@butlerrubin.com).
Single Asset Real Estate Cases (Series: Fairness Issues in Real Estate-Based ...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization.
But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parties have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2021/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
Ai on the case legal and ethical issues (may 17 2019)Richard Austin
Presentation on the legal and ethical issues that the use of Artificial Intelligence products and systems presents for lawyers including discussion of ABA Model Rules of Professional Conduct
Do You Wannacry: Your Ethical and Legal Duties Regarding Cybersecurity & PrivacyButlerRubin
Butler Rubin Partner, Dan Cotter discusses in detail the changes to the Model Rules of Professional Conduct that impact lawyers and their obligations to understand technology and safeguard against inadvertent data breaches.
With the rise of entrepreneurship, intellectual property is booming. This creates a wealth of opportunities for attorneys to start or grow their IP practice. But, like with any area of law, IP requires specialized knowledge to succeed and comply with best practices. Technology is an essential element to minimizing risk in any practice, but particularly, in the deadline-driven world of IP.
Cyber Liability Coverage in the Marketplace with Dan CotterButlerRubin
Butler Rubin partner Daniel A. Cotter discussed the Model Rules of Professional Conduct (RPCs) as they relate to lawyers’ technology obligations at the National Association of Bar Related Insurance Companies (NABRICO) 2017 Annual Conference hosted by ISBA Mutual in Chicago, IL. Dan joined a panel of experts including Michael Hannigan (Konicek & Dillon), Alex Ricardo (Beazley Group), and Daniel Zureich (Lawyers Mutual Insurance Company of North Carolina) to discuss, “Cyber Liability Coverage in the Marketplace.” Dan emphasized the need for the insurers to consider what the reasonable standard is for lawyers and to help frame the answer. Dan also addressed some recent cyber-related decisions and cases pending.
For more information on developments in the cyber insurance and privacy areas, contact Dan Cotter (dcotter@butlerrubin.com).
Privacy rules matter—make sure your firm stays compliant.
While every lawyer knows the basic rules behind confidentiality and attorney-client privilege, the significance of privacy law is less well-known—and that lack of knowledge can impact your law firm. Emerging privacy rights and rights of action are impacting businesses of all types—including those in the legal profession. Local, national, and even international laws are making privacy the next frontier in data management for lawyers.
Are you prepared to adjust to the new demands of privacy for law firms, and move beyond confidentiality?
Join Joshua Lenon—an IAPP Certified Information Privacy Professional and Clio’s Lawyer in Residence and Data Protection Officer—as he explains how these privacy laws can impact law firms and what your firm should do to ensure compliance.
In this free 1-hour CLE-eligible webinar, you’ll learn:
Why law firm data must conform with emerging privacy regulations
The impact of clients’ compliance with privacy law on firm operations
Future privacy laws that may affect your law firm—no matter where you operate
https://www.clio.com/events/webinar-law-firm-privacy/
Growing trend of finding2013-11 Growing Trend of Finding Regulatory and Tort ...Raleigh ISSA
Invited speaker: "Growing Trend of Finding Regulatory and Tort Liability for Cyber Security Breaches ”
with Mark W. Ishman, J.D., Masters in Law in Information Technology and Privacy Law
Data Privacy: What you should know, what you should do!
CSMFO Data Privacy in the Governmental Sector, Local Government. Data Privacy Laws, PCI, Breaches, AICPA – Generally Accepted Privacy Principles
From Ethics to eDiscovery - with Tom O'ConnorRob Robinson
Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation include:
Considering the Ethical Challenges in Electronic Discovery
• General Ethical Duties
Understanding the General Ethical Expectations in the practice of Law.
• Ethics and Technology
Understanding the General Ethical Expectations for the use of Technology.
• Ethics and Obligations in eDiscovery
Understanding the Specific Ethics and Obligations for the use of ESI* in Discovery.
• Ethics, eDiscovery, and Judicial Standards
Understanding the Judicial Standards concerning the eDiscovery .
The purpose of this paper is to review the topic of data breach from two perspectives: first, an overview of the trends in data breach litigation, and second, a more granular perspective of practical data protection processes that may serve as a guidepost to help reduce the risk of likelihood of data breach. Taken together the reader will understand why a measured approach to data protection can reduce the risk of financial liability from a data breach lawsuit.
Bradley's panel reacts to and addresses a hypothetical cyber incident involving a widespread compromise of consumer healthcare and financial information. Amy Leopard (Healthcare), Mike Pennington (Litigation), John Goodman (Litigation), Elena Lovoy (Financial Services), and moderator Paige Boshell (Intellectual Property, Financial Services) will offer legal and practical strategies to proactively respond to and resolve a specified data breach. Highlights will include customer notice strategies, attorney-client privilege and litigation avoidance strategies, and coordination with third parties, including external PR and forensic investigators, vendors, regulators, and law enforcement.
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
Get the insights you need to elevate your legal practice.
The annual Legal Trends Report sheds light on the most important issues faced within the legal profession. This year’s report features a multi-year analysis of 2,000 law firms’ revenue growth, as well as a survey of 2,000 legal consumers, and a test of 1,000 law firms’ responses to client inquiries. Informed with this research, the report examines:
What differentiates growing law firms from stagnating practices.
What potential clients want when they look for a lawyer.
How today’s law firms fare at interacting with potential clients—and where they can improve.
In this 60 minute webinar, join George Psiharis, Clio’s Chief Operating Officer, and Joshua Lenon, Clio’s Lawyer in Residence, as they explore the 2019 Legal Trends Report in detail to identify the report’s most important findings and contextualize what the data means for legal professionals and firms.
By watching this Legal Trends Report webinar, you will learn:
The biggest takeaways from Clio’s research into 2019 legal trends.
Our top recommended actions for legal professionals based on the report.
Additional insights on how to take a more data-driven approach at your firm.
https://landing.clio.com/2019-Legal-Trends-Report.html
This presentation by the Charley Moore, Founder and CEO, Rocket Lawyer, was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
In the last several years, substantial data breaches or hacker attacks in the U.S. have shown no signs of abating. Neither have the class actions that typically follow in their wake. Bradley Arant discusses litigation trends in data breach class actions. The video will touch on evolving issues in these cases, including recent loosening of consumer standing requirements (in cases after the Supreme Court’s Clapper decision), class certification and other issues raised in the Target litigation. We will also provide an overview of recent settlements of data breach class actions and what they might mean for later cases. The webinar will address several issues pending before the Supreme Court this term that could have significant impact, including whether a statutory violation without other injury confers Article III standing, and the extent to which statistical evidence can be used to justify class certification.
Law firm cybersecurity in the cloud
According to the 2017 ABA Legal Technology Survey, 22% of law firms faced a cyberattack or data breach—and you don’t want your firm to be one of them.
That’s why staying up to date with the latest legal technology is key to managing your firm’s cybersecurity and keeping your clients’ data as secure as possible.
Learn how law firms can utilize cloud technology to create greater cybersecurity than what they have now.
In this CLE-eligible webinar, you’ll learn:
Top cybersecurity risks for law firms
How to eliminate high cyber-risk vectors
How to recover from a cyber incident
Duration: 60 minutes
https://landing.clio.com/law-firm-cybersecurity.html
How to Avoid Malpractice & Disciplinary Actions - General Do's and Don'ts (Se...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-avoid-malpractice-disciplinary-actions-general-dos-and-donts-2021/
Technology is rapidly changing the way lawyers provide services. This is so especially in light of the Covid-19 pandemic, which creates new and different ethical challenges to confidentiality, cyber fraud and securing data, marketing and advertising concerns, and client communications. This webinar will address a myriad of new problems lawyers are facing and some practical suggestions and solutions that arise out of the changing manner and pace of the practice of law. This webinar will also cover several ABA Model Rules of Professional Conduct.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
Privacy rules matter—make sure your firm stays compliant.
While every lawyer knows the basic rules behind confidentiality and attorney-client privilege, the significance of privacy law is less well-known—and that lack of knowledge can impact your law firm. Emerging privacy rights and rights of action are impacting businesses of all types—including those in the legal profession. Local, national, and even international laws are making privacy the next frontier in data management for lawyers.
Are you prepared to adjust to the new demands of privacy for law firms, and move beyond confidentiality?
Join Joshua Lenon—an IAPP Certified Information Privacy Professional and Clio’s Lawyer in Residence and Data Protection Officer—as he explains how these privacy laws can impact law firms and what your firm should do to ensure compliance.
In this free 1-hour CLE-eligible webinar, you’ll learn:
Why law firm data must conform with emerging privacy regulations
The impact of clients’ compliance with privacy law on firm operations
Future privacy laws that may affect your law firm—no matter where you operate
https://www.clio.com/events/webinar-law-firm-privacy/
Growing trend of finding2013-11 Growing Trend of Finding Regulatory and Tort ...Raleigh ISSA
Invited speaker: "Growing Trend of Finding Regulatory and Tort Liability for Cyber Security Breaches ”
with Mark W. Ishman, J.D., Masters in Law in Information Technology and Privacy Law
Data Privacy: What you should know, what you should do!
CSMFO Data Privacy in the Governmental Sector, Local Government. Data Privacy Laws, PCI, Breaches, AICPA – Generally Accepted Privacy Principles
From Ethics to eDiscovery - with Tom O'ConnorRob Robinson
Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation include:
Considering the Ethical Challenges in Electronic Discovery
• General Ethical Duties
Understanding the General Ethical Expectations in the practice of Law.
• Ethics and Technology
Understanding the General Ethical Expectations for the use of Technology.
• Ethics and Obligations in eDiscovery
Understanding the Specific Ethics and Obligations for the use of ESI* in Discovery.
• Ethics, eDiscovery, and Judicial Standards
Understanding the Judicial Standards concerning the eDiscovery .
The purpose of this paper is to review the topic of data breach from two perspectives: first, an overview of the trends in data breach litigation, and second, a more granular perspective of practical data protection processes that may serve as a guidepost to help reduce the risk of likelihood of data breach. Taken together the reader will understand why a measured approach to data protection can reduce the risk of financial liability from a data breach lawsuit.
Bradley's panel reacts to and addresses a hypothetical cyber incident involving a widespread compromise of consumer healthcare and financial information. Amy Leopard (Healthcare), Mike Pennington (Litigation), John Goodman (Litigation), Elena Lovoy (Financial Services), and moderator Paige Boshell (Intellectual Property, Financial Services) will offer legal and practical strategies to proactively respond to and resolve a specified data breach. Highlights will include customer notice strategies, attorney-client privilege and litigation avoidance strategies, and coordination with third parties, including external PR and forensic investigators, vendors, regulators, and law enforcement.
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
Get the insights you need to elevate your legal practice.
The annual Legal Trends Report sheds light on the most important issues faced within the legal profession. This year’s report features a multi-year analysis of 2,000 law firms’ revenue growth, as well as a survey of 2,000 legal consumers, and a test of 1,000 law firms’ responses to client inquiries. Informed with this research, the report examines:
What differentiates growing law firms from stagnating practices.
What potential clients want when they look for a lawyer.
How today’s law firms fare at interacting with potential clients—and where they can improve.
In this 60 minute webinar, join George Psiharis, Clio’s Chief Operating Officer, and Joshua Lenon, Clio’s Lawyer in Residence, as they explore the 2019 Legal Trends Report in detail to identify the report’s most important findings and contextualize what the data means for legal professionals and firms.
By watching this Legal Trends Report webinar, you will learn:
The biggest takeaways from Clio’s research into 2019 legal trends.
Our top recommended actions for legal professionals based on the report.
Additional insights on how to take a more data-driven approach at your firm.
https://landing.clio.com/2019-Legal-Trends-Report.html
This presentation by the Charley Moore, Founder and CEO, Rocket Lawyer, was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
In the last several years, substantial data breaches or hacker attacks in the U.S. have shown no signs of abating. Neither have the class actions that typically follow in their wake. Bradley Arant discusses litigation trends in data breach class actions. The video will touch on evolving issues in these cases, including recent loosening of consumer standing requirements (in cases after the Supreme Court’s Clapper decision), class certification and other issues raised in the Target litigation. We will also provide an overview of recent settlements of data breach class actions and what they might mean for later cases. The webinar will address several issues pending before the Supreme Court this term that could have significant impact, including whether a statutory violation without other injury confers Article III standing, and the extent to which statistical evidence can be used to justify class certification.
Law firm cybersecurity in the cloud
According to the 2017 ABA Legal Technology Survey, 22% of law firms faced a cyberattack or data breach—and you don’t want your firm to be one of them.
That’s why staying up to date with the latest legal technology is key to managing your firm’s cybersecurity and keeping your clients’ data as secure as possible.
Learn how law firms can utilize cloud technology to create greater cybersecurity than what they have now.
In this CLE-eligible webinar, you’ll learn:
Top cybersecurity risks for law firms
How to eliminate high cyber-risk vectors
How to recover from a cyber incident
Duration: 60 minutes
https://landing.clio.com/law-firm-cybersecurity.html
How to Avoid Malpractice & Disciplinary Actions - General Do's and Don'ts (Se...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-avoid-malpractice-disciplinary-actions-general-dos-and-donts-2021/
Technology is rapidly changing the way lawyers provide services. This is so especially in light of the Covid-19 pandemic, which creates new and different ethical challenges to confidentiality, cyber fraud and securing data, marketing and advertising concerns, and client communications. This webinar will address a myriad of new problems lawyers are facing and some practical suggestions and solutions that arise out of the changing manner and pace of the practice of law. This webinar will also cover several ABA Model Rules of Professional Conduct.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
The Story of a Lean Law Firm: Escaping the Overhead Swamp, Surviving Disrupti...Gary Allen
The webinar will address the challenges of high overhead, legal industry disruption and ethical compliance in a time of dizzying technological change.
Attendees will learn:
the fundamentals of lean practice,
practical ways to reduce the cost of doing business,
how to develop new business models and
how to ensure the confidentiality of client information in the Internet Age.
We’ll discuss revenue, operations and behavioral changes so that you’re well-positioned to compete in today’s changing marketplace.
You don’t have to be a tech expert.
Lean is a way of thinking.
Lean is a way of operating.
Lean is the future.
A lean practice puts you in the position where you’re not captive to your overhead.
LeanLaw, an Idaho-based legal software and services company is conducting a 90-minute webinar, in process to be approved by the Idaho State Bar for 1.5 hours of CLE Ethics credits.
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
To view the accompanying webinar, go to:
https://www.financialpoise.com/financial-poise-webinars/data-privacy-compliance-2020/
Data Confidentiality, Security and Recent Changes to the ABA Model Rulessaurnou
Continuing legal education (CLE) presentation regarding data confidentiality, information security, computer forensics and legal ethics in light of technology-related changes made to the American Bar Association's Model Rules of Professional Conduct.
Don't be a robot: You can't automate your ethical considerationsNehal Madhani
Technology--especially given its exponential growth--allows attorneys to streamline their practices and automate previously manual aspects of their legal work. While technology can save attorneys time and allow them to focus their attention on more substantive tasks, attorneys are often leary of its ethical pitfalls.
This presentation addresses attorneys’ technological options and obligations and explains how to successfully incorporate technology into your legal practice.
An examination of the legal and ethical issues that the use of Artificial Intelligence products and services presents to lawyers including by reference to the American Bar Association's Model Rules of Professional Conduct.
Introduction to US Privacy and Data Security: Regulations and RequirementsFinancial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
Part of the webinar series: CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever. Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets. How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-2020/
Introduction to US Privacy and Data Security Regulations and Requirements (Se...Financial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-regulations-and-requirements-2021/
Date Use Rules in Different Business Scenarios:It's All Contextual William Tanenbaum
All privacy is contextual. Like that, the legal rules for collecting, aggregating, sharing and protecting data, including through IP, are specific to the context. One size does not fit all.
Date Use Rules in Different Business Scenarios: It's All Contextual William Tanenbaum
Arent Fox LLP. Rules for data collection, aggregation, sharing, use and protection all depend on the business and legal context. One size does not fit all.
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022: Bad Debtor Owes Me Money!Financial Poise
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
See more at https://www.financialpoise.com/webinars/
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Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
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You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
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Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
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CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
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Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
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BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
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Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
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A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
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NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
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Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
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Part of the webinar series: Crowdfunding 2022
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2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
3. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
3
4. Meet the Faculty
MODERATOR:
Michelle Gershfeld - Law Offices of Michelle Gershfeld
PANELISTS:
George Kuney - University of TN College of Law
Bernard Burk - Formerly University of North Carolina School of Law
Gerald Meyer - MoloLamken LLP
Kathryn Nadro - Sugar Felsenthal Grais & Helsinger LLP
4
5. About This Webinar
Best Practices Regarding Technology
Technology is rapidly changing the way lawyers provide services. This is especially
so in light of the COVID-19 pandemic, which creates new and different ethical
challenges to confidentiality, cyber fraud and securing data, marketing and
advertising concerns, and client communications. This webinar will address a
number of new problems lawyers are facing and some practical suggestions and
solutions that arise out of the changing manner and pace of the practice of law. This
webinar will also address several ABA Model Rules of Professional Conduct, and
Ethics Opinions construing them.
5
6. About This Series
Legal Ethics – Best Practices
Corporate scandals make the headlines periodically, but businesses and the lawyers that
work with them face ethical challenges every day, even in situations that are legally
compliant. This webinar series examines ethical issues confronted by lawyers in a variety of
contexts. The panelists consider and recommend different approaches to ethical decision-
making and lawyers responsibilities and concerns, especially in light of the impact of the
COVID-19 pandemic.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
6
7. Episodes in this Series
#1: Best Practices Regarding Technology
Premiere date: 2/10/21
#2: Hot Off the Presses- Recent Cases & Decisions
Premiere date: 3/10/21
#3: How to Avoid Malpractice & Disciplinary Actions - General Do's and Don'ts
Premiere date: 4/14/21
7
8. Episode #1
Best Practices Regarding Technology
(Throughout this PowerPoint, “RPC” is used to cite any ABA Model Rule of
Professional Conduct. The Model Rules have been adopted in varying
forms in all 50 states and the District of Columbia in the same or a similar
numbering format as the Model Rules.)
8
9. Practice During a Pandemic
• Resources on Ethics Issues Related to the Pandemic (generally)
• ABA Formal Ethics Opinion No. 482 (2018):
―Ethical Obligations Related to Disasters‖
10. Practice During a Pandemic
• Does it matter where the client is located? (See Ohio State Bar Ass’n v. Klosk, in which a
California lawyer was penalized under an Ohio law forbidding unauthorized practice for
representing an Ohio resident in debt negotiations)
• ABA Formal Ethics Op. No. 495 (2020) provides guidance for lawyers practicing remotely in a
jurisdiction other than the one in which they are licensed
11. Technology-Related Competence of an Attorney
• RPC 1.1: Competence
―A lawyer shall provide competent representation to a client. Competent
representation requires the legal knowledge, skill, thoroughness and preparation
reasonably necessary for the representation.‖
• Comment [8]
―to maintain the requisite knowledge and skill, a lawyer should keep abreast of
changes in the law and its practice, including the benefits and risks associated with
relevant technology….‖
11
12. Storage and Communication of Client Information
RPC 1.6(c): ―A lawyer shall make reasonable efforts to prevent the inadvertent or
unauthorized disclosure of, or unauthorized access to, information relating to the
representation of a client‖ (emphasis added).
Comments 18 and 19 to RPC 1.6: In determining which measures are reasonable to protect against
inadvertent or unauthorized disclosure of confidential information under the circumstances, lawyers
should consider:
The sensitivity of the information
The likelihood of disclosure if additional safeguards are not employed
The cost of employing additional safeguards
The difficulty of implementing the safeguards, and
The extent to which the safeguards adversely affect the lawyer’s ability to represent
clients.
12
13. Storage and Communication of Client Information
Application of Rule 1.6(c) raises a number of questions when lawyers are considering technological
protections such as encryption, firewalls, passwords, or other measures.
•Overview: Act reasonably; no hard-and-fast rules
• ABA Formal Ethics Opinion No. 477R: Each practice should adopt a process to:
Assess risk
Determine responsive security measures
Verify effective implementation, and
Update your approach in light of developments.
13
14. Storage and Communication of Client Information
• Assess Risks: Understand the Threats to Data – Especially Electronic Data – In Its Various Locations
Such as: unauthorized access; unauthorized disclosure; viruses; document transfer to portable
devices (and subsequent loss).
• Act Reasonably in Determining Default Rules for Data Storage Locations and Communication Methods
See generally RPC 1.1, 1.6
Act Reasonably when using Cloud Computing and Storage
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• Evaluate When Additional Measures are Needed to Protect Particular Kinds of Client Information
15. Cloud Computing and Storage
• ABA 2020 Cloud Computing Tech Report
• Results are based on pre-COVID information
• Cloud computing aka ―web services‖ or ―hosted services‖ in practical terms:
A web-based software service or solution
Software or services that can be accessed and used over the internet using a browser (or app)
where the software itself is not installed locally on the computer being used by the lawyer
accessing the service
Data is processed/stored on remote servers (rather than on local computers and hard drives)
15
16. Cloud Computing and Storage
• Bottom Line: Reasonable care standard
• Common themes:
exercise care in selecting vendor;
review terms of service;
ensure that vendor protects confidentiality and access; and
investigate security measures and any security lapses.
16
17. Cloud Computing and Storage
• What do you do if your practice experiences a data breach?
• ABA Formal Ethics Op. No. 483 (2018): ―Lawyers’ Obligations After an Electronic Data Breach
or Cyberattack‖
17
18. Technology and Marketing Legal Services
• Regulatory Background: The Model Rules don’t regulate ―advertising‖ as such.
• The Model Rules regulate ―communications‖—any and all communications by any means—―about the
lawyer or the lawyer's services.‖ RPC 7.1.
• ―Solicitation‖—a ―communication initiated by or on behalf of a lawyer or law firm‖ directed to a ―specific
person the lawyer knows or reasonably should know needs legal services in a particular matter‖ and
that offers to provide those services is regulated much more stringently than other ―communications,‖
and is generally prohibited when it’s immediate person-to-person contact for pecuniary gain. RPC 7.3.
• Advertising must not be false or misleading (RPC 7.1), and must meet different states’ formal and
substantive requirements for advertising, which vary a lot.
18
19. Technology and Marketing Legal Services
• RPC 7.2(c) says that a lawyer must not ―state or imply that a lawyer is certified as a specialist in a
particular field of law, unless . . . the lawyer has been certified as a specialist by an organization that
has been approved by an appropriate authority . . . .‖ Different states have different rules about what
it takes to be certified as a ―specialist,‖ and when a communication should be interpreted to state or
imply a claim of certified specialization.
• RPC 7.2(b) says that a lawyer must not ― compensate, give or promise anything of value to a person
for recommending the lawyer’s services . . .‖ with a few minor exceptions.
19
o Trading recommendations on LinkedIn is probably a violation of RPC 7.2(c)
o NY State Bar Association Ethics Opinion 1132 (8/8/17): Attorneys paying a marketing
fee to Avvo amounts to paying for a recommendation, which is prohibited by NY RPC
7.2(a).
20. Attorneys and Social Media
• Attorneys responding to negative reviews by clients:
Attorneys must not reveal confidential information in response to an online review.
Those who do can face discipline for an ethics violation (RPC 1.6(a), 1.8(b), 1.9(c), 1.18(b))
Why? The RPC 1.6(b)(5) exception to confidentiality for lawyer self-defense does not apply to a
response to a negative online review
o Rule 1.6(b)(5) by its terms authorizes a lawyer to disclose confidential information only in
response to claims or allegations in litigation
o Accord, ABA Formal Ethics Op. No. 496 (2021)
o Different states take different approaches on this issue
20
21. Attorneys and Social Media
• Client confidentiality reaches incredibly broadly:
Any information obtained from any source in connection with the engagement (RPC 1.6(a),
1.8(b), 1.9(c))
Any information learned from a prospective client (someone who consulted you about the
possibility of representation), even if you’re not hired (RPC 1.18(a)-(b))
And your duty to keep the confidences lasts long after any engagement ends–at least until the
client is dead
• Given how broad the range of information is that confidentiality protects, there is probably very little–
and maybe nothing–you can say in response to a negative review, no matter how false or unfair!
21
22. Attorneys and Social Media
If you never represented or discussed representing the ―client,‖ you can probably say so
But even client or prospective client identity is usually confidential (though only rarely
privileged), so:
o You can’t respond to a negative review because that would confirm you represented, or
discussed representation with, the client or prospective client (accord, ABA Formal Ethics
Op. No. 496 (2021))
o That’s true even if you don’t use the client’s name, because you’re confirming the
representation and client’s identity by responding to that person’s review
And you certainly can’t supply or refute details online to defend yourself, because that’s all
confidential information!
The ABA opinion is not binding, but such opinions are generally viewed as strong persuasive
authority. A disciplinary authority may not follow it, and some state ethics opinions are more
permissive, but you proceed at your peril.
22
23. Attorneys and Social Media
• Strategies for responding professionally, without revealing confidential information:
Bear in mind that no response may be the best response, because any response likely
increases the amount of attention the bad review receives, and the greater the controversy, the
brighter the spotlight
―My duties of confidentiality prevent me from responding to this review, or even confirming that
I represented this individual, but it is our office’s policy to provide the highest quality and most
responsive service. We’re deeply disappointed that this person claims to have had a different
experience.‖
Contact the social media platform and appeal to whatever its rules are regarding fairness and
accuracy in reviews to have the post deleted (but you can’t disclose any confidential client
information to the webmaster either)
If appropriate and potentially constructive (often it won’t be), contact the former client
personally and try to clear up any misunderstandings and mend fences
23
24. Managerial and Supervisory Lawyers
• Responsibilities of managerial and supervisory lawyers:
Managerial lawyers (including partners) must make ―reasonable efforts‖ to ensure that the firm
conforms to the Rules of Professional Conduct (RPC 5.1(a)), including that the conduct of
nonlawyers working with or for the firm is ―compatible with the professional obligations of the
[managerial] lawyer‖ (RPC 5.3(a)).
Supervising lawyers shall make ―reasonable efforts‖ to ensure that the lawyers the supervising
lawyer supervises conform to the Rules of Professional Conduct (RPC 5.1(b)), and that the conduct
of nonlawyers the supervising lawyer supervises is ―compatible with the professional obligations of
the [supervising] lawyer‖ (RPC 5.3(b)). Comment 2: ―A lawyer must give such assistants appropriate
instruction and supervision concerning the ethical aspects of their employment, particularly
regarding the obligation not to disclose information relating to the representation of the client, and
should be responsible for their work product.‖
24
26. About The Faculty
Michelle Gershfeld - MGershfeldlaw@gmail.com
Michelle Gershfeld is a bankruptcy attorney, debt negotiator and personal financial life coach
who advises people who are in debt, or building wealth, by identifying and overcoming
obstacles that lie in their path to securing worry-free, financial wellness. Michelle’s private
practice, Law Offices of Michelle Gershfeld, provides services to clients in financial distress to
create a strategic, customized plan for each unique financial situation. Michelle defends
foreclosures and evictions when necessary, and will assist clients to move forward with
dignity, despite current hardships. Michelle also works with commercial clients to reorganize
outside of a formal bankruptcy filing, which effectively serves businesses at reduced costs.
26
27. About The Faculty
George Kuney - gkuney@utk.edu
George W. Kuney is a Lindsay Young Distinguished Professor of Law and Director of the Clayton Center for
Entrepreneurial Law at The University of Tennessee College of Law in Knoxville, Tennessee. He holds a J.D.
from the University of California, Hastings College of the Law, an M.B.A. from The University of San Diego, and
a B.A. in Economics from the University of California, Santa Cruz. Before joining the UT faculty in 2000, he was
a partner in the Allen Matkins firm’s San Diego office. Previously he practiced with the Howard Rice and
Morrison & Foerster firms in his hometown of San Francisco, doing litigation and transactional work largely in the
context of business restructuring and insolvency. He teaches business law courses including Business
Associations, Contracts, Contract Drafting, Commercial Law, Consumer Bankruptcy, Debtor-Creditor, Mergers
and Acquisitions, Representing Enterprises, and Workouts and Reorganizations. Kuney has written a number of
books and articles and given presentations about business, contracts, and commercial law and insolvency-
related topics. He advises clients nationwide regarding bankruptcy, restructuring, reorganization, and related
subjects. He is admitted to the bar in California and Tennessee.
27
28. About The Faculty
Bernie Burk - bernie.burk@bernieburk.com
Professor Bernard Burk previously taught at the University of North Carolina School of Law.
He is currently sitting out the pandemic finishing a textbook on legal ethics, to be published
later this year by Wolters Kluwer Law & Business, entitled Ethical Lawyering: A Guide for the
Well-Intentioned (with Nancy Rapoport of the University of Nevada at Las Vegas School of
Law, and Veronica Finkelstein, Asst. U.S. Attorney for the E.D. Pa. and adjunct at Drexel
University School of Law). Prof. Burk engages in consulting and expert witness work in the
areas of legal ethics and professional conduct.
28
29. About The Faculty
Gerald Meyer - gmeyer@mololamken.com
Gerald Meyer’s practice focuses on complex business litigation, white collar criminal matters and
investigations, and appellate litigation. He has represented businesses, senior corporate officials, and
individuals in a broad array of subject matters, including securities litigation, class actions, antitrust law,
and constitutional law. He has tried cases to verdict and drafted and argued dispositive, discovery, and
evidentiary motions in trial courts across the country. He has argued appeals before the Seventh Circuit,
and has briefed appeals in the Supreme Court of the United States and numerous courts of appeals.
Before joining MoloLamken, Mr. Meyer was an associate with Skadden, Arps, Slate, Meagher & Flom
LLP in Chicago. He has represented companies and individuals in a wide range of tax planning matters,
including mergers and acquisitions, restructurings, securities offerings, and issues involving tax-exempt
organizations. Mr. Meyer also served as a law clerk to Judge Robert R. Beezer of the United States Court
of Appeals for the Ninth Circuit and to Judge G. Steven Agee of the United States Court of Appeals for
the Fourth Circuit.
29
30. About The Faculty
Kathryn Nadro - knadro@sfgh.com
Kathryn (―Katie‖) Nadro advises clients on a diverse array of business matters, including commercial and
business disputes, employment issues, and data security and privacy compliance. Katie works with
individuals and businesses of all sizes to craft successful resolutions tailored to each individual matter.
Katie has broad experience representing companies and individuals in contract, non-compete,
discrimination, harassment, fiduciary duty, and trade secret litigation in state and federal court. With a
background as both in-house and outside counsel, Katie understands that business objectives, time, and
resources play an important role in reaching a favorable outcome for each client. Katie assists clients in
navigating employment issues ranging from employee handbooks and FMLA policies to litigating
discrimination and harassment claims, all while ensuring business needs and objectives are met. She
also counsels clients on data security and privacy issues, including policy drafting and compliance with
state, federal, and international law.
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31. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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32. About Financial Poise
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33. reasonably to protect confidential client information.
• ABA Formal Ethics Opinion 495
This formal Ethics Opinion provides guidance for lawyers practicing in different
jurisdictions.