New Developments in Law Firms' Obligations to Protect Against Data Breaches

10 Jun , 2021

To register for the upcoming live webinar, please Click Here

Much has been written in recent years about lawyers' duties to preserve the confidentiality of client information under the rules of professional conduct and to take reasonable precautions to strengthen cybersecurity in order to avoid data breaches. Executing those duties has become more difficult amid an increase in the frequency and sophistication of state-sponsored and criminal cyberattacks directed at law firms and their clients. Further complicating matters for lawyers is knowing when disclosure to clients of a law firm data breach is required by the rules of professional conduct even though the threat of exfiltration or loss of client confidential data is in doubt. We will examine American Bar Association opinions that offer some guidance on when client notification of a data breach is appropriate to ensure the protection of client confidentiality and minimize exposure to legal malpractice liability. ABA Ethics Rules to be addressed will be Ethics Opinions 477R and 498 (2021)

In addition, we will discuss the requirements of Bar Associations in various states and analyze law firms' exposure to potential professional liability. 

What should lawyers do when their firm is the victim of a data breach or ransomware attack? 

What obligations do lawyers have to notify their clients that their confidential data has been or may have been compromised or accessed by a hacker? 

Opinions of the American Bar Association and various states offer some guidance on when client notification of a data breach is appropriate to ensure the protection of client confidentiality and minimize exposure to legal malpractice liability.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Current Attempts to ...

In March 2021, John McAfee was charged by the DOJ with fraud and money laundering in connection to h...

What New York State ...

On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act making New Yor...

Substance Abuse, Chr...

For over a year, our profession has been on the front lines of seismic societal changes and disrupti...

Bressler's Raising t...

“We spend so much time preparing the money for the people, and very little time preparing the ...

Ransomware Threat Up...

It seems not a day passes lately where the latest ransomware attack doesn’t dominate headlines...

The Art of Effective...

The program will focus on how attorneys can assess situations in order to reach client objectives by...

10 "Shocking" Tips f...

10 "Shocking" Tips for Staying Out of Trouble on Social Media remains a must-hear presentation on th...

Counsel Fee Awards t...

Before 2010, the non-monied spouse was subject to the considerable discretion of the trial courts in...

Tales from the Trenc...

Hear from counsel and an expert on best practices from what to ask when selecting an expert, how ear...

Title Insurance Cove...

New York State is known for a lot things. Being lender friendly is not one of them. The foreclosure ...