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.
- Former Acting Attorney General of the United States, Assistant Attorney General, and federal prosecutor with hands-on enforcement and policy experience both with respect to antitrust and data privacy and security
- Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital merger and other health care-related cases
- Successful defense of class action litigation related to the privacy of both PII and PHI
- Broad successful litigation and counseling experience with respect to Federal False Claims Act and other fraud actions
- As a corporate director, head of compliance committee in heavily data-centric industry
- Director of National Counsel of Registered ISAO’s, related to the adoption of best cyber practices and the fostering of public/private partnerships
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