Together with my (future) partner, Peter Imse, these are the slides for our June 2011 CLE presented in conjunction with the First American Title Insurance Company. The topics in these slides were revisited in my June 2014 presentation (Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media, and Cloud Computing). Nevertheless, there is some interesting data in this presentation that does not appear in my June 2014 slides.
The Information Commissioner calls - what to expect and how to react, May 201...Browne Jacobson LLP
This workshop covered ICO investigations into breaches of the current Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 (as amended).
We covered the following topics:
- the ICO’s powers, procedures and policies
- recent cases and ICO priorities
- your rights and obligations
- the benefits and pitfalls of proactive breach notification
- areas of risk and how to address them
- protecting legal privilege
- managing the risks under the Freedom of Information Act, and
- the major changes brought in by the forthcoming General Data Protection Regulation.
General Data Protection Regulation for OpsKamil Rextin
A brief on GDPR & Hubspot for Marketing & Marketing Ops.
This PPT provides a brief background on GDPR & how to implement GDPR compliance with Hubspot , Facebook & Google Analytics
The Information Commissioner calls - what to expect and how to react, May 201...Browne Jacobson LLP
This workshop covered ICO investigations into breaches of the current Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 (as amended).
We covered the following topics:
- the ICO’s powers, procedures and policies
- recent cases and ICO priorities
- your rights and obligations
- the benefits and pitfalls of proactive breach notification
- areas of risk and how to address them
- protecting legal privilege
- managing the risks under the Freedom of Information Act, and
- the major changes brought in by the forthcoming General Data Protection Regulation.
General Data Protection Regulation for OpsKamil Rextin
A brief on GDPR & Hubspot for Marketing & Marketing Ops.
This PPT provides a brief background on GDPR & how to implement GDPR compliance with Hubspot , Facebook & Google Analytics
Introduction to EU General Data Protection Regulation: Planning, Implementati...Financial Poise
The GDPR changed the way the world collects, stores, and sends personal data.The GDPR is a broad EU regulation that requires businesses to protect the personal data of EU citizens, whether the business itself is in the EU or elsewhere. Since its implementation in 2018, companies that collect data on EU citizens must comply with strict rules for the protection of personal data or face heavy fines for non-compliance. This webinar will provide an overview of GDPR’s applicability and requirements, as well as how your organization may meet those standards.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-eu-general-data-protection-regulation-planning-implementation-and-compliance-2021/
GDPR and evolving international privacy regulationsUlf Mattsson
Convergence of data privacy principles, standards and regulations
General Data Protection Regulation (GDPR)
GDPR and California Consumer Privacy Act (CCPA)
What role does technologies play in compliance
Use Cases
Be careful what you wish for: the great Data Protection law reform - Lilian E...IISPEastMids
At our Spring East Midlands Cyber Security event on the Impact of the General Data Protection Regulation, Lilian Edwards looked at the basics on what you need to know about the new regulation.
http://qonex.com/east-midlands-cyber-security-forum/
Data Protection and the Cloud (Part 2) by Brian Miller Solicitor and Vicki Bo...Brian Miller, Solicitor
In a more detailed look at data protection, Vicki Bowles takes a look at the new draft EU Data Protection Regulation, disclosure and BYOD (Bring Your Own Device).
Brian Miller then covers ISO certification, how to check whether your vendor’s systems are secure, how US Safe Harbor worked in practice, how it will do so with the new Privacy Shield and the various certification/accreditation systems for cloud computing vendors.
GDPR and personal data protection in EU research projectsLorenzo Mannella
This 20-minute presentation provides participants with a case study on data protection issues exposed by research partners awarded with a fictional Horizon 2020/Horizon Europe grant. Participants will follow the work of data controller and processors, committed to handle and store personal data of EU and Non-EU citizens for research purposes.
Participants will be engaged to evaluate the compliance of research activities with the General Data Protection Regulation (GDPR), which defines principles relating to processing of personal data, the lawfulness of such processing and modalities to ensure transparent information, communication and rights of the data subjects.
Rules and best practices in data processing are part of the essential toolbox for Research Managers and Administrators, answering the growing call of GDPR compliance along with Data Protection Officers. Beyond the understanding of accountability, privacy by design and by default principles, professionals are testing themselves with the constant update of data protection guidelines from the European Data Protection Board.
This session is targeted to an audience of intermediate level, aware of the topic of data protection/GDPR and willing to engage with other professionals on a case study analysis. The session will benefit from a short Q&A and a follow-up survey to gather best practices in data management put in place by participants in their day-to-day work.
GDPR and EA Commissioning a web site part 2 - Legal EnvironmentAllen Woods
Second of 8 slide decks aimed at small to medium enterprises on factors to consider when commissioning a web site. This slide deck focusing on a changing legal environment brought about because of legislation like the EU GDPR
The General Data Protection Regulation (GDPR) that becomes effective end of May this year will have great impact on how companies and government organizations manage digital information when dealing with information from citizens and other subject in the European Union. As data is the life blood of most organizations, it is no exaggeration to state that the GDPR will require fundamental changes in organizational behavior.
Webinar presented live on May 11, 2017.
As data is increasingly accessed and shared across geographic boundaries, a growing web of conflicting laws and regulations dictate where data can be transferred, stored, and shared, and how it is protected. The Object Management Group® (OMG®) and the Cloud Standards Customer Council™ (CSCC™) recently completed a significant effort to analyze and document the challenges posed by data residency. Data residency issues result from the storage and movement of data and metadata across geographies and jurisdictions.
Attend this webinar to learn more about data residency:
• How it may impact users and providers of IT services (including but not limited to the cloud)
• The complex web of laws and regulations that govern this area
• The relevant aspects – and limitations -- of current standards and potential areas of improvement
• How to contribute to future work
Read the OMG's paper, Data Residency Challenges and Opportunities for Standardization: http://www.omg.org/data-residency/
Read the CSCC's edition of the paper, Data Residency Challenges: http://www.cloud-council.org/deliverables/data-residency-challenges.htm
Data has emerged as one of the most important resources of today's world. However, there does not exist clear rules on how to make use of this resource. There are spillover effects and negative externalities in the form of privacy breaches while exploiting this resource. In such a situation, what should be the legal remedy?
The law should find a balance between the interests of the customers and the corporations. The customers want safety and privacy, whereas corporations want commercial use of data which risks the customer's interests.
Introduction to EU General Data Protection Regulation: Planning, Implementati...Financial Poise
The GDPR changed the way the world collects, stores, and sends personal data.The GDPR is a broad EU regulation that requires businesses to protect the personal data of EU citizens, whether the business itself is in the EU or elsewhere. Since its implementation in 2018, companies that collect data on EU citizens must comply with strict rules for the protection of personal data or face heavy fines for non-compliance. This webinar will provide an overview of GDPR’s applicability and requirements, as well as how your organization may meet those standards.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-eu-general-data-protection-regulation-planning-implementation-and-compliance-2021/
GDPR and evolving international privacy regulationsUlf Mattsson
Convergence of data privacy principles, standards and regulations
General Data Protection Regulation (GDPR)
GDPR and California Consumer Privacy Act (CCPA)
What role does technologies play in compliance
Use Cases
Be careful what you wish for: the great Data Protection law reform - Lilian E...IISPEastMids
At our Spring East Midlands Cyber Security event on the Impact of the General Data Protection Regulation, Lilian Edwards looked at the basics on what you need to know about the new regulation.
http://qonex.com/east-midlands-cyber-security-forum/
Data Protection and the Cloud (Part 2) by Brian Miller Solicitor and Vicki Bo...Brian Miller, Solicitor
In a more detailed look at data protection, Vicki Bowles takes a look at the new draft EU Data Protection Regulation, disclosure and BYOD (Bring Your Own Device).
Brian Miller then covers ISO certification, how to check whether your vendor’s systems are secure, how US Safe Harbor worked in practice, how it will do so with the new Privacy Shield and the various certification/accreditation systems for cloud computing vendors.
GDPR and personal data protection in EU research projectsLorenzo Mannella
This 20-minute presentation provides participants with a case study on data protection issues exposed by research partners awarded with a fictional Horizon 2020/Horizon Europe grant. Participants will follow the work of data controller and processors, committed to handle and store personal data of EU and Non-EU citizens for research purposes.
Participants will be engaged to evaluate the compliance of research activities with the General Data Protection Regulation (GDPR), which defines principles relating to processing of personal data, the lawfulness of such processing and modalities to ensure transparent information, communication and rights of the data subjects.
Rules and best practices in data processing are part of the essential toolbox for Research Managers and Administrators, answering the growing call of GDPR compliance along with Data Protection Officers. Beyond the understanding of accountability, privacy by design and by default principles, professionals are testing themselves with the constant update of data protection guidelines from the European Data Protection Board.
This session is targeted to an audience of intermediate level, aware of the topic of data protection/GDPR and willing to engage with other professionals on a case study analysis. The session will benefit from a short Q&A and a follow-up survey to gather best practices in data management put in place by participants in their day-to-day work.
GDPR and EA Commissioning a web site part 2 - Legal EnvironmentAllen Woods
Second of 8 slide decks aimed at small to medium enterprises on factors to consider when commissioning a web site. This slide deck focusing on a changing legal environment brought about because of legislation like the EU GDPR
The General Data Protection Regulation (GDPR) that becomes effective end of May this year will have great impact on how companies and government organizations manage digital information when dealing with information from citizens and other subject in the European Union. As data is the life blood of most organizations, it is no exaggeration to state that the GDPR will require fundamental changes in organizational behavior.
Webinar presented live on May 11, 2017.
As data is increasingly accessed and shared across geographic boundaries, a growing web of conflicting laws and regulations dictate where data can be transferred, stored, and shared, and how it is protected. The Object Management Group® (OMG®) and the Cloud Standards Customer Council™ (CSCC™) recently completed a significant effort to analyze and document the challenges posed by data residency. Data residency issues result from the storage and movement of data and metadata across geographies and jurisdictions.
Attend this webinar to learn more about data residency:
• How it may impact users and providers of IT services (including but not limited to the cloud)
• The complex web of laws and regulations that govern this area
• The relevant aspects – and limitations -- of current standards and potential areas of improvement
• How to contribute to future work
Read the OMG's paper, Data Residency Challenges and Opportunities for Standardization: http://www.omg.org/data-residency/
Read the CSCC's edition of the paper, Data Residency Challenges: http://www.cloud-council.org/deliverables/data-residency-challenges.htm
Data has emerged as one of the most important resources of today's world. However, there does not exist clear rules on how to make use of this resource. There are spillover effects and negative externalities in the form of privacy breaches while exploiting this resource. In such a situation, what should be the legal remedy?
The law should find a balance between the interests of the customers and the corporations. The customers want safety and privacy, whereas corporations want commercial use of data which risks the customer's interests.
The Countdown is on: Key Things to Know About the GDPRCase IQ
The EU’s General Data Protection Regulation (GDPR) comes into effect on May 25th. This powerful legislation strengthens data privacy laws in Europe and has implications for companies all over the world that store, process or transfer the information of the EU’s citizens.
Failure to comply with the regulation can expose a company to fines based on global revenue and reputation damage, yet many companies are struggling to comply in time.
Join information security expert and CEO/Founder of AsTech Consulting, Greg Reber, as he walks participants through a plan for GDPR compliance.
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.
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.
Trends in Law Practice Management – Calculating the RisksNicole Garton
Presented by the CBA’s Legal Profession Assistance Conference, the Canadian Lawyers Insurance Association and the National Law Practice Management and Technology Section live via webconference.
The advantages of cloud computing, virtual or online law practices and unbundling of legal services are getting a lot of press – convenience to clients, reduced overhead expenses, remote access, and enhanced access to justice are among the benefits touted. But there are also very real and practical risks, and ethical implications, for each new tool or practice implemented. As these trends infiltrate legal practice in North America, lawyers and law firm leaders need to exercise due diligence to assess the potential risks and benefits.
Our panelists, Nicole Garton-Jones and David Bilinsky will provide a practical overview of these trends in law practice management. In doing so, they’ll provide you with tools to reduce the risk and identify the questions you need to ask yourself, as well as potential third party service providers, your insurers and your law society, when conducting your own risk-benefit analysis.
Register here: http://www.cba.org/pd/details_en.aspx?id=na_onfeb212
Date Use Rules in Different Business Scenarios: It's All Contextual William Tanenbaum
Arent Fox LLP. Collecting, sharing, aggregating and using data in different business models and scenarios are subject to different rules and depend on the specific context
I. Massachusetts: Rule Updates.
II. New Hampshire:
A. Rule Updates
B. Ethics Opinions
C. Ethics Corners
III. Rifle Shots:
A. Rule 1.10: Disclosing Personal Relationships with Opposing Counsel.
B. Rule 1.18: Maintaining Confidentiality of Former Prospective Clients.
C. Court Orders on Storing Confidential Source Code.
D. Documents From Former Employees come with Ethical Risks.
E. Former Employees Are Fair Game in Litigation.
F. Ethically Navigating PR issues in Mass Casualty and Large Loss Cases .
G. Virtual Practice.
H. Speech to Text Dictation.
IV. Lawyers Behaving Badly:
A. Litigating in the Era of E-Filing.
B. Rule 30(d)(2): Don’t Prolong Your Deposition.
C. Prolonging the Case and Misleading the Court.
D. Read the Court’s Orders.
E. Ghostwriting Letters is not Fraudulent.
F. A Copy and Paste Brief Violates Federal Appellate Rules.
G. Copy and Pasting Also Violates Rule 11(b).
H. Rule 8.2: Don’t Call Opposing counsel Lowlife-Bottom Feeders or the Judge a Clown.
I. Cellphones in the Courtroom: Keep Them Off and Away.
Each year Sulloway & Hollis does an in-house continuing legal education program on ethics for our attorneys and staff. The slide deck for the 2018 program is attached. Presented by Meg Nelson, Peter Imse and myself.
Peter Imse and Kevin O'Shea's Ethics CLE as part of NH First American Title's Real Estate Seminar (Thursday, May 10, 2018 at Manchester Country Club, Bedford)
Topics for Sulloway's LinkedIn 201 presentation included:
Privacy Settings
Group Notifications
Adjusting the volume of email you receive
“Who's been looking at my profile”
Additional information on ethical considerations for Endorsements
Adding content to your LinkedIn account
25 social media tips the pros never forget
The Sulloway's Linkedin 101 presentation was to allow a user who does not have a Linkedin account to understand how to obtain one, while protecting privacy and in accord with New Hampshire’s Rules of Professional Conduct.
Social Media Content and Discovery Practice Kevin O'Shea
Social Media Content and Discovery Practice: Entitlement, Scope, Technical Issues in Production, Ethics, and Authentication. (Edited Materials. Not offered for CLE credit).
The Cost of Litigation: A Case Study, Business Law, Plymouth State University...Kevin O'Shea
In 2009, I presented to Professor Forgues’ Business Law Class at Plymouth State University addressing the high cost of business litigation and using Real Estate Bar Ass'n for Mass., Inc. v. Nat'l Real Estate Info. Servs. 642 F. Supp. 2d 58 (D. Mass. 2009) as a case study.
Irish/Celtic Festival Directors Conference: Entertainment Contracts: Issues &...Kevin O'Shea
This presentation was focused on a specialized group of folks, the people who organize Irish music (sometimes called Celtic music) festivals around North America--from the Milwaukee Irish Festival (drawing 140,000 people to their four day festival), to Pittsburgh, to Boston to Kansas City.
Icalled on my pre-law experience as a music agent and manager in this sector of the music business to provide a customized presentation to many of the same folks I used to work with on a regular basis.
Although we have come a long way on some of these issues--the rise of the now ubiquitous iPhone and its use to video performances could have scarcely been imagined 7 years ago, but other slides are still as relevant as they were when first presented.
Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media...Kevin O'Shea
Topics Addressed:
Advertising
LinkedIn
Are Facebook and Twitter Regulated Attorney Advertising?
Group Coupons or Daily Deals for Discounted Legal Services
Social Media
Liability for Posting
Responding to False Accusations/Bad Reviews
Cloud Computing
Confidentiality
Security
Employee Risks
Listservs
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
Look Before You Leap: Unauthorized Practice of the Law, Supervision of Non-Lawyer Assistants and Ethical Issues in the Electronic Age
1. 1
Look Before You Leap:
Unauthorized Practice of the Law, Supervision
of Non-Lawyer Assistants and Ethical Issues in
the Electronic Age
Peter F. Imse, Esq. and
Kevin M. O’Shea, Esq.
First American Title Insurance Company
Agent’s Seminar
June 8, 2011
2. 2
Perspective: Remember dial-up?
According to Pingdom AB
E-mail
The number of e-mails sent on the Internet in 2010. 107 trillion
Average number of e-mail messages per day. 294 billion
The number of e-mail users worldwide. 1.88 billion
New e-mail users since the year before. 480 million
The number of e-mail accounts worldwide. 2.9 billion
Share of e-mail accounts that are corporate. 25%
3. 3
Perspective: Remember dial-up?
According to Pingdom AB
Websites, Webservers and Internet Users
The number of websites as of December 2010. 255 million
Added websites in 2010. 21.4 million
Growth in the number of Apache websites in 2010. 39.1%
Growth in the number of IIS websites in 2010. 15.3%
Growth in the number of Lighttpd websites in 2010. 55.7%
Internet users worldwide (June 2010). 1.97 billion
Increase in Internet users since the previous year. 14%
6. 6
Metadata: Defined
• E-mails and other electronic documents
inevitably contain “embedded” information
commonly referred to as “metadata.”
• Metadata is “information about information.”
7. 7
Metadata: Can Include
•Creation date and time,
•Revision times and dates,
•Creator,
•Users who accessed, revised, printed document,
•Track Changes.
10. 10
Metadata: The Problem
•In modern legal practice, lawyers routinely send and receive e-mails
and other materials in electronic form from opposing counsel and
other parties.
•Electronic documents are sent and received during the course of
negotiations, due diligence reviews, litigation, investigations and
other dealings.
•E-mails and other electronic documents contain metadata.”
11. 11
Metadata: The Problem
•Metadata may, therefore, reveal
– client confidences,
– litigation and negotiation strategy,
– legal theories,
– attorney work product and
– other legally privileged and confidential information
– that was never intended to be communicated by
the sender.
12. 12
Metadata: The Problem
Is this really a new problem?
• inadvertent copies,
• faxes, or
• discovery productions.
13. 13
Metadata: The Issues
(Sending Attorney)
•Rule 1.1
– (Competence)
– A lawyer shall provide competent representation to a client
•Rules 5.1
– (Responsibilities of Partners, Managers, and Supervisory Lawyer)
•Rule 5.3
– (Responsibilities Regarding Nonlawyer Assistants)
– lawyers make reasonable efforts to ensure that their firms,
including lawyers and non-lawyers, conform to the Rules
14. 14
Metadata: The Issues
(Sending Attorney)
• Summary:
– Understand the technology being used.
– Take reasonable steps to protect
confidences
15. 15
Metadata: The Issues
(Receiving Attorney)
•Rule 1.6
– (Confidentiality of Information)
– A lawyer shall not reveal information relating to the representation of a client
unless the client gives informed consent, the disclosure is impliedly authorized in
order to carry out the representation, or the disclosure is permitted
•Rule 4.4
– (Respect for Rights of Third Persons)
– A lawyer who receives materials relating to the representation of the lawyer’s
client and knows that the material was inadvertently sent shall promptly notify the
sender and shall not examine the materials. The receiving lawyer shall abide by
the sender’s instructions or seek determination by a tribunal.
16. 16
Metadata: Warnings
•Contrary Authority (in the Ethics Context)
– Vermont Professional Responsibility Ethics Opinion 2009-1
• But note NH’s version of Rule 4.4 (Respect for the Rights of Third
Persons) contains a specific provision, not found in Vermont’s
version of Rule 4.4 rule that explains the difference in opinions
17. 17
Metadata: Warnings
•Other Authority
– (in the Litigation Context)
– See Fed. R. Civ. P. 26(b)(5)(B)
• when a party inadvertently discloses materials that it believes are privileged
or work product and provides notices to opposing counsel, the recipient has
the duty, among other things, to promptly to return, destroy, or sequester the
information, and not to use or disclose the information until the privilege or
work product claim has been resolved
– See also Fed. R. Civ. P. 26(f)(3)
• (“Claw-back” agreements for inadvertent production of privileged or trial-
preparation materials )
18. 18
Metadata: Warnings
– See also NH Superior Court PAD Pilot Rule 5
• (Carroll and Strafford County Superior Courts)
• (Discovery of Electronically Stored Information)
– Inadvertently disclosed privileged ESI is subject to “claw-back”
at the request of the responding party. If agreement is not
reached by opposing counsel or the litigants concerning any
“claw-back” requests, the Court may decide any disputes.
19. 19
Sidebar: Ineffective Redaction Techniques
• Changing the font to white
– (This only appears to make the words disappear)
• Use of Adobe Acrobat graphic and commenting tools that can black-out, cover
over or remove sections of text
– (These edits can be removed by anyone to reveal the text underneath)
• Ink-marking or use of semi-translucent tape or paper to cover areas of a
document to be scanned
– (Your covered data may still show through, check your PDF document before it is filed)
– See District Court of Massachusetts, Updated Notice Regarding Metadata
and Redacted Information in PDF Documents, January 11, 2010
• This document also has tips for removing Metadata in Microsoft Word, Corel Word Perfct.
21. 21
Cloud Computing:
A brave new ethical frontier?
– On September 20, 2010, the Working Group on the
Implications of New Technologies of the ABA's
Commission on Ethics 20/20 (the “Commission”)
• Released two “issues papers” soliciting comments on
1. Cloud Computing
2. Social media
• The comment period closed December 15, 2010.
22. 22
Cloud Computing:
A brave new ethical frontier?
– Examples include online data storage
• (e.g., Mozy.com, Carbonite.com),
– Internet-based e-mail
• (e.g., AOL, Yahoo, or Gmail), and
– Software as a Service (“SaaS”) including
• a variety of services that lawyers now use, such as law practice
management applications
• that can help lawyers with conflicts checking, document
management and storage, trust
• account management, timekeeping, and billing.
23. 23
Cloud Computing:
A brave new ethical frontier?
– As an initial matter, the Commission recognizes that there may
be a gap between technology-related security measures that are
ethically required and security measures that are merely
consistent with “best practices.”
• For example, it may be consistent with best practices to install
sophisticated firewalls and various protections against malware
(such as viruses and spyware), but lawyers who fail to do so or who
install a more basic level of protection are not necessarily engaged
in unethical conduct.
• Similarly, it might be inadvisable to use a cloud computing provider
that does not comply with industry standards regarding encryption,
but it is not necessarily unethical if a lawyer decides to do so.
24. 24
Cloud Computing:
A brave new ethical frontier?
– Concerns may include:
• unauthorized access to confidential client information by a
vendor’s employees or by hackers,
• the storage of information on servers in countries with fewer
legal protections for electronically stored information,
• a vendor’s failure to back up data adequately,
• unclear policies regarding ownership of stored data
25. 25
Cloud Computing:
A brave new ethical frontier?
– Concerns may include:
• Policies and procedures for vendor’s response to
government requests for access to information
• Policies for notifying customers of security
breaches,
• Policies for data destruction when a lawyer no
longer wants the relevant data available or
transferring the data if a client switches law firms
• Policies for data if the company goes out of
business.
26. 26
Cloud Computing:
A brave new ethical frontier?
– Concerns may include:
• insufficient data encryption,
• the extent to which lawyers need to obtain client
consent before using cloud computing services to
store or transmit the client’s confidential
information.
27. 27
Cloud Computing:
A brave new ethical frontier
–Concerns may include:
•Outsourcing implications:
–(i.e., does ABA Formal Ethics Opinion 08-451 (describing a
lawyer’s obligations when outsourcing work to lawyers and non-
lawyers) apply in the cloud computing context.
•Potential Amendment to Model Rule of Professional
Conduct 5.3
–Because the Commission is considering possible amendments
that would clarify the extent to which lawyers have a duty to
supervise non-lawyer assistants who perform their work outside
of the law firm.
28. 28
Sidebar: Beyond Ethics
– State and federal privacy laws may require encryption of
documents/transmission containing confidential information.
• For example, see:
– Health Insurance Portability and Accountability Act (HIPAA) of 1996
Administrative Simplification Rules
» 45 CFR Parts 160, 162, and 164.
– M.G.L. c. 93H (Massachusetts’ rigorous law on data privacy which
applies to many lawyers and law firms (including those outside of
Massachusetts) that have confidential information about Massachusetts
residents).
» http://www.mass.gov/Eoca/docs/idtheft/201CMR1700reg.pdf
30. 30
Social Media: Types
1. Social and professional networking services
(such as Facebook, LinkedIn, and Twitter), or
2. Blogging
31. 31
Social Media: Blurry Lines and Sliding Scales
As the Working Group on the Implications of New Technologies
of the ABA's Commission on Ethics 20/20 noted:
Because lawyers frequently use these websites and services for both personal and
professional reasons, the legal ethics issues in this context are more complicated than they
have been for more traditional client development tools.
For example, a lawyer might create a Facebook profile that is accessible to family and
prospective clients at the same time.
The lawyer might then post professional announcements that are shared with all of those
people, raising the question of whether such announcements are subject to the usual
ethical restrictions on lawyer advertising and solicitation.
32. 32
Social Media: The Rules
Rule 7.1 (Communications Concerning a Lawyer's Services)
• No false or misleading communications about the lawyer or the lawyer’s services
• No misrepresentation of fact or law
• Cannot create an unjustified expectation about results the lawyer can achieve
• Cannot compare the lawyer’s services with other lawyers’ services, unless the
comparison can be factually substantiated
Rule 7.2 (Advertising)
• Any communication made pursuant to this rule shall include the name and office
address of at least one lawyer or law firm responsible for its content.
33. 33
Social Media: The Rules
Rule 7.3 (Direct Contact With Prospective Clients)
• (a) A lawyer shall not initiate, by in-person, live voice, recorded or other
real-time means, contact with a prospective client for the purpose of
obtaining professional employment, unless the person contacted… has a
family, close personal, or prior professional relationship with the lawyer
• (c) Every written, recorded or electronic communication from a lawyer
soliciting professional employment from a prospective client known to be
in need of legal services in a particular matter shall include the word
"Advertising" ... at the beginning and ending of any recorded or electronic
communication, unless the recipient of the communication is a person
specified in subsection (a).
34. 34
Social Media: The Rules
Rule 1.18 (Duties to Prospective Client)
• A person who provides information to a lawyer regarding the possibility of forming
a client-lawyer relationship with respect to a matter is a prospective client
• Even when no client-lawyer relationship ensues, a lawyer who has received and
reviewed information from a prospective client shall not use or reveal that
information except as Rule 1.9 would permit with respect to information of a former
client
• When does communication passed through Facebook, Twitter, etc. create the
“prospective client” relationship?
35. 35
Social Media: The Rules
Rule 7.4 (Communications of Fields of Practice)
• A lawyer may communicate the fact that the lawyer does or does
not practice in particular fields of law.
• A lawyer shall not state or imply that the lawyer is a specialist
except as follows:
– ["patent attorney" "proctor in admiralty“] or
– a lawyer who is certified as a specialist in a particular field of law
by an organization that has been accredited by the American
Bar Association may hold himself or herself out as a specialist
certified by such organization.
• Can state concentration or limitation of practice
36. 36
Social Media: The Rules
Rule 1.6 (Confidentiality)
• In most cases, lawyers are required to obtain client consent
before posting information about current or past legal matters or
the identity of current or past clients:
– Specific information that identifies current or former clients or the
scope of their matters also may be disclosed, as long as the
client or former clients give informed consent, as required by
Rules 1.6 (current clients) and 1.9 (former clients). Website
disclosure of client identifying information is not normally
impliedly authorized because the disclosure is not being made to
carry out the representation of a client, but to promote the lawyer
or the law firm. ABA Formal Opinion 10-457.
37. 37
Social Media:
Any rules implicated by the following Facebook posts
on a law firm’s Facebook page ?
Law Tip #41:
When you're interrogated at the police station it is likely recorded on video. When
the cop leaves the room it is still recording. Should you choose to scratch yourself,
pick your nose, eat your boogers, sing or make admissions to yourself, the jury will
see it. Instead you should just sit quietly.
Law Tip
Q. What's worse than one client talking on the recorded jail calls about his case?
A. Two clients talking to one another about their cases on the recorded jail calls.
Confidentiality? Duties to Prospective Client? Solicitation Advertising?
Communications Concerning a Lawyer's Services?
Direct Contact With Prospective Clients? Advertising?
38. 38
Social Media:
Any rules implicated by the following (real) Facebook posts
on a law firm’s Facebook page ?
Law Tip #38: "Jail blows and the food sucks." [Redacted law firm name’s] client
Law Tip #31:
When your bond conditions include "no possession of weapons" that includes a
handgun
Law Tip #29:
Try not to make your drug ring too successful or it will be charged as organized
crime which is just as bad as it sounds.
Law Tip #25:
Offering your prescription (even though they may very well need it) is Attempted
Distribution. Giving your prescription drug (even without payment) is Distribution.
Forcing them to take it with a gun to their head is a whole other ballpark. Don't do
any of the above
Law Tip #22: Don't talk to police. They are not your friend
39. 39
Social Media: Litigation Context
• Can view “open profiles”
• Cannot use subterfuge to “Friend” a
party to obtain profiles protected by
privacy settings.
– See Philadelphia Bar Association Opinion 2009-2
40. 40
Social Media: Litigation Context
• But a defendant may have the right to access to a
plaintiff's current and historical Facebook and
MySpace pages, notwithstanding the plaintiff's privacy
settings, on the grounds that the plaintiff may have
placed certain information on these social networking
sites inconsistent with plaintiff's claims concerning the
extent and nature of plaintiff's injuries, especially
claims for loss of enjoyment of life.
– Romano v. Steelcase Inc., 2010 WL 3703242 (N.Y.Sup.
September 21, 2010).
41. 41
Social Media: Listserves
• The Rules and Etiquette for NHBA E-mail
Discussion Groups remind us that:
– “e-mail is not private, even when you think you
know who all of the subscribers are. Messages
can be forwarded easily, or shared with others.
Be circumspect in your comments.”
• There are also ethical considerations.
42. 42
Social Media: Listserves
• Oregon State Bar Formal Opinion No. 2011-184 (March 2011)
– Framing a question as a hypothetical is not a perfect solution,
however. Lawyers faces a significant risk of violating [Rule] 1.6
when posing hypothetical questions if the facts provided permit
persons outside the lawyer’s firm to determine the client’s
identity.
– Where the facts are so unique or where other circumstances
might reveal the identity of the consulting lawyer’s client even
without the client being named, the lawyer must first obtain the
client’s informed consent for the disclosures.
– Obvious advice? Sure, but regular readers of the NHBA Real
Property Law Section listserv see how some of these messages
come to the line.