Safeguarding information resides at the intersection of Model Rules 1.1, 1.6, Federal Rule of Civil Procedure 26, and Federal Evid. Rule 502.
Human error is still the top reason for inadvertent disclosure. Accidentally sending an email to the wrong person; producing a document that should have been marked privileged; or worse yet, sending privileged documents despite marking them; all examples of human error. Inadvertent disclosure normally occurs during discovery, where an attorney is asked to review numerous documents for relevancy and privilege. and happens more often than realized. This video reviews the interplay between inadvertent disclosure and other ethical rules; as well as data breaches, including cyber attacks and the consequences of a breach.
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 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 mergers and other healthcare-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 the Federal False Claims Act and other fraud actions
- As a corporate director, head of a compliance committee in a heavily data-centric industry
- Director of National Council of Registered ISAOs, related to the adoption of best cyber practices and the fostering of public/private partnerships
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