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  • 15 minutes

Inadvertent Disclosure and Data Breaches


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.

Runtime: 15 minutes
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Stuart M. Gerson

Stuart M. Gerson

Epstein Becker & Green, P.C.

  • Member of Epstein Becker & Green, P.C.'s litigation and health care & life sciences practices
  • Extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil and criminal fraud issues particularly under the federal False Claims Act
  • Was appointed acting attorney general of the United States during the early Clinton administration, after having served as President G.H.W. Bush's appointee as assistant attorney general for the civil division of the Department of Justice (DOJ)
  • Active in digital data security, compliance, breach enforcement, and litigation defense
  • Received the highest rating with Martindale-Hubbell Law Directory for the past 30 years
  • J.D. degree, Georgetown University Law Center; B.A. degree, Pennsylvania State University
  • Can be contacted at 202-861-4180 or [email protected]
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