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In response to the omnipresent threat of cyberattacks, on Oct. 16, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 483. The Opinion addresses the obligations imposed upon lawyers to safeguard their clients’ data and to notify them of a data breach. While the ABA meticulously listed the six Model Rules which support its conclusions that lawyers have a duty to become proficient in cybersecurity, it did not identify how to achieve compliance. This article bridges that gap.
By Stephen Cole
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm’s use of technology systems is foundational.
By Mike Hamilton
The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
By Arup Das
Beyond improving efficiency, new advancements in Robotic Process Automation, or RPA, are helping lawyers do more billable work without hiring more people.
By Patrick Smith
Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers
The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.