The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: Ethics

  • From Vol. 2 No.17 (Aug. 24, 2016)

    Fulfilling the Ethical Duty of Technology Competence for Attorneys

    Rapidly evolving technology continues to change what it means for a lawyer to be competent. The Model Rules of Professional Conduct make clear in a 2012 amendment to Comment 8 of Rule 1.1 that lawyers not only have a duty to be knowledgeable of the substantive areas of law in which they practice but also to be competent in technology. At least 23 states have adopted the revised comment, and other states that have not formally adopted the rule change have nonetheless acknowledged the duty of technology competence for lawyers. A practitioner who is not technologically competent faces potential sanctions as well as malpractice and disciplinary exposure. BakerHostetler partner Karin Scholz Jenson and retired Magistrate Judge John Facciola spoke with The Cybersecurity Law Report about specific steps lawyers can take to achieve technology competence in various aspects of their practice. We also highlight some of the insight shared on the topic by other legal experts at a recent PLI panel, “Law Firms, Ethics and Cybersecurity.” See also “Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part One of Two)” (Aug. 26, 2015); Part Two (Sep. 16, 2015).

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  • From Vol. 1 No.12 (Sep. 16, 2015)

    The Tension Between Interest-Based Advertising and Data Privacy

    How can companies employ interest-based online advertising – targeting the exact consumers they covet – without running afoul of data privacy laws?  During a recent panel at PLI’s Sixteenth Annual Institute on Privacy and Data Security Law, Julia Horwitz, coordinator of the Electronic Privacy Information Center’s Open Government Program and Noga Rosenthal, general counsel and vice president for compliance and policy for the Network Advertising Initiative, offered their perspectives on the current interest-based advertising (IBA) climate.  The panelists discussed the evolution of IBA, potential privacy pitfalls and how companies are self-regulating.

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  • From Vol. 1 No.12 (Sep. 16, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part Two of Two)

     

    As technology advances – changing the way lawyers communicate with clients and store and use sensitive information – lawyers’ ethical obligations must evolve to keep up.  Addressing technology issues through a legal ethics prism, panelists Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease; and David J. Elkanich, a partner at Holland & Knight, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This second article in our two-part series covers ethical guidance for attorneys in the realm of social media.  The first article discussed application of ethical rules to technology and the proper use of cloud technology and mobile devices.  See also “Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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  • From Vol. 1 No.11 (Aug. 26, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part One of Two)

    Lawyers often don’t think about the ethics rules as applied to their conduct online or through the use of technology, panelists said at a recent conference hosted by PLI’s TechLaw Institute.  But as technology advances and continues changing the way lawyers practice, the ethical obligations of lawyers have also evolved in light of the new ways that practitioners communicate with clients, and store and use sensitive information.  Addressing technology issues through a legal ethics prism, panelists David J. Elkanich, a partner at Holland & Knight, and Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This article, the first of our two-part series, covers ethical rules as they apply to technology and the proper use of cloud technology and mobile devices. The second part will cover ethical guidance for attorneys in the realm of social media.  See also Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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