Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident
Program Number: 2512
Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.
**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date ****
David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.