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The American Bar Association (ABA) has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every state (with the exception of California), and provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct. In 2012, the ABA implemented several changes to certain of the Model Rules, and the Comments thereto, related to technology and an attorney’s professional responsibilities, and to date approximately 20 states have adopted those modifications.
By Bart A. Lazar
The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself. Tough -- and sometimes expensive -- choices need to be made quickly.
By Robert W. Anderson and Eric B. Levine
Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organization’s investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.
By Adam Cohen
Part One of a Two-Part Article
Part One of this two-part article is aimed at demystifying the hesitations behind cloud security and analyzing the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice.
By Jared Coseglia
Part Two of a Two-Part Article
Professionals in e-discovery and privacy, including lawyers, are hungry for growth opportunities and may be ripe to transition into certain security-centric positions; however, the security job landscape is far more expansive and far less commoditized than ESI or privacy — for now. Part Two provides a road map for how certifications can assist an individual or an organization in reinventing, repurposing, creating or maintaining cybersecurity talents.