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Developments of Note
FDIC Advises Banks On Avoiding Risks
Of Spyware Instrusion
The Federal Deposit Insurance Corp. (FDIC) recently issued an advisory to banks on how to avoid risks associated with spyware. The advisory recommends “best practices” to mitigate against the risks posed by spyware within an institution's network and on bank customers' computers. Among the actions recommended to mitigate internal risks are restrictions on the downloading of unapproved software, installation and maintenance of anti-virus and anti-spyware programs, and expanding bank risk-assessment procedures to consider risks from spyware. The FDIC advisory is available at www.fdic.gov/news/news/financial/2005/fil6605.html.
AZ Attorney Ethics Opinion Requires Security Measures
Attorneys must take “competent and reasonable steps” to secure client files from disclosure or destruction if they are stored on a computer network that is accessible to the Internet. Arizona Ethics Opinion 05-04 (Ariz. State Bar Comm. on Rules of Prof. Conduct July 2005). The committee said that to take such steps, an attorney must have the necessary technical competence, either personally or through the retention of an expert, “to evaluate the nature of the potential threat to client electronic files and to evaluate and deploy appropriate computer hardware and software to accomplish that end.” The opinion is available at www.myazbar.org/Ethics/pdf/05-04.pdf.
NJ Ethics Committee Says Domain Name
Needn't Include Firm, Attorney Name
A law firm may use a domain name that does not include either the firm name or the name of any individual attorney within the firm, provided that certain conditions are met. Ethics Opinion 32 (New Jersey Comm. on Attorney Advertising June 6, 2004). The committee opined recently that the home page to which the domain name points must “clearly and prominently identify” the actual name of the law firm and its address, and must include certain advisories and disclaimers specified in ethics rules. The committee also stated that the domain name must neither be false or misleading. The opinion is available at http://lawlibrary.rutgers.edu/ethics/caa/caa32_1.html.
Developments of Note is written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP (http://www.brownraysman.com/).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.