Understand your ethical obligations when using technology to communicate and store client information.
With technology dominating how we interact with one another, attorneys are increasingly reliant on the latest methods of communication in staying in touch with clients, adversaries, and the courts both in and out of the office. Additionally, the volume of client documents now being created and stored electronically has risen exponentially, affecting, among other things, litigation and document review. Today, lawyers are now under an ethical duty to understand and utilize various technologies which aid in the representation of clients. With this duty comes challenges in the execution, from what to store and where, how to access it from in and out of the office, to how to deal with inevitable missteps or errors. This content will discuss each of these challenges, beginning with the ethical rules that are at play in the use of technology, considerations and risks attendant with that use, and best practices for maintaining the information. It will also explore inadvertent disclosures and how they should be handled, as well as the ethical considerations of social media. By incorporating these lessons and recognizing the importance of proper use and safe keeping of information, lawyers will minimize client complaints and grievances, reduce the risk of court-ordered sanctions, and use the technology to best serve their clients' interest.
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Agenda
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Faculty
Stuart M. Gerson
Epstein Becker & Green, P.C.
Stuart Gerson
- A member of Epstein Becker Green in its Washington and New York offices
- Has been involved in the litigation of federal False Claims Act (“FCA”) cases for more than 40 years
- During the administration of President George H. W. Bush, Mr. Gerson was Assistant Attorney General in charge of the Civil Division of the Department of Justice, where he led the government's FCA enforcement efforts, and he was directly involved in the litigation and negotiated settlements of many of its leading cases
- Later served as Acting Attorney General of the United States during the early Clinton administration
- Having successfully tried both civil and criminal FCA cases, much of Mr. Gerson's current practice has been centered on providing representation in that area to clients in the health care industry (including insurers, hospitals, pharmaceutical manufacturers, managed care providers, and private equity funds, among others
- Also has extensive experience litigating cases involving the cybersecurity of health care and other information, trade secrets, and various antitrust and securities matters for clients in the health care and financial sectors
- Frequently leads internal corporations on behalf of management and directors
- Can be reached at (202) 861-4180 or [email protected]
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