Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Virtual Reality or the New Reality of Virtual Practice?
The COVID-19 pandemic forced lawyers and judges to practice outside of their physical facilities, and continue professional services from their home offices. That same period was the worst on record for cyber attacks:
- The Sodin (a.k.a. REvil and Sodinokibi) ransomware gang infiltrated a group of law firms and published directories, customer lists, contracts and credentials to the dark web.
- Gootloader offered free resources and templates for professionals (lawyers, doctors and engineers) which were infected and used to establish initial access.
- Attackers posed as law students to establish a mentor relationship with senior partners and judges and then sent a link to a survey which deployed payloader malware.
In response, the American Bar Association (ABA) published Formal Opinion 498 (FO498) to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules of Professional Conduct permit virtual practice, these Rules provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
ABA FO498 is more aspirational than prescriptive. Let's take a look at how you can operate a secure virtual law practice in the areas of:
- Managing software and hardware;
- Accessing client data and transferring documents;
- Securing virtual meetings; and
- Addressing listening devices.
Managing Software and Hardware
In the wake of massive software and vendor exploits (SolarWinds Orion and Microsoft Exchange), FO498 reminds lawyers of their obligations to review vendor terms and conditions to ensure that client confidentiality is protected. But vendor management goes beyond T&Cs. Lawyers are required to ensure these systems are up to date with service patches which are often deployed to eliminate security vulnerabilities.
Accessing Client Data and Transferring Documents
When working remotely, it's tempting to use personal services, like email and file sharing, to quickly distribute information to clients. Of course, these services are not necessarily secure enough to meet confidentiality requirements. And even commercial systems are vulnerable, as was the case when hackers claimed to have accessed Jones Day client files from their file sharing service, Accellion.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.