Recently in Confidentiality Category

In the news: "An attorney's obligation to redact personally identifiable information from e-filings has arisen in a variety of circumstances. Whether the failure to meet that requirement can create professional liability has not been definitively answered, says Rivkin Radler partner Shari Claire Lewis."

 

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Source: Law.Com's Daily Legal Newswire. 1 August 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

This post was written by Bonnie Shucha: "There are a couple of noteworthy legal tech-related articles in this month's WisBar InsideTrack.

 

The first is part 2 of a series on avoiding ethical pitfalls with electronic documents by Nerino Petro and Bryan Sims.

 

In part 1, the authors discuss hidden information within an electronic document, known as metadata, and how it can expose lawyers to liability when it comes to confidentiality issues. Part 2 focuses on what you need to know about electronic redaction and the steps necessary to ensure confidential information remains confidential.

 

The second noteworthy article is on mobile apps for lawyers by Bev Butula, manager of library services at Davis & Kuelthau. This article focuses on a few apps created for the legal community."

 

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Source: WisBlawg, 7 July 2010, reproduced with permission of the author.

This post was written by Susan Gainen: "You are the one factor outside of your employer's control that  can defeat multiple  layers of high-tech protection for confidential information.

 

Breaches of confidentiality can cost you your job, get your name in the wrong place in the blogosphere or Twitterverse, and make you searchable in a bad way on Google, Lexis, and Westlaw under nasty ethical lapse search terms.

 

Here are six common sense rules for keeping confidential information and your career safe..."

 

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Source: Lawyerist.com, 8 May 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the site editor, Sam Glover.

This post was written by John Heckman: "It turns out that all those convenient MFP (Copier, Scanner, Printer rolled into one) have a couple of serious security issues reported in Sharon Nelson's Ride the Lightning.

The first is that the hard drive of the copiers store every document that has been scanned, printed, copied or emailed....

The second security hole is that many copiers/scanners can email the resulting scan to the user..."

 

Full text and the active link are available by clicking on the author's name.

Source: Does It Compute? 5 May 2010, reproduced with permission of the author.

This post was written by Adriana Linares: "Metadata itself isn't a "skill" or a feature you need to sit down and learn. It is a responsibility and an important side-effect of technology that you need to understand and be able to discuss intelligently with your fellow attorneys, staff and clients. An entire book could be used to discuss metadata - we won't do that here but we will point you to some resources that will quickly and simply explain the ins and outs. Information considered "meta data" can include but is not limited to:

 

  • User name and computer name
  • Comments and tracked changes that may not be displayed
  • Hidden text, worksheets, data columns, and data rows

 Just what is it and where does it live?..."

 

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Source: I Heart Tech, (no date given), reproduced with permission of the author.

"Is E-mail Secure?"

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This post was written by Sam Glover: "Whether your e-mail communications are secure depends on what you mean by security. In general, sending and receiving e-mail is about as secure as using a mobile phone. Listening in is possible, but it is also fairly unlikely.

 

Of greater concern, given the government's propensity in recent years to snoop around in everything--without a warrant, if possible--is the ease with which it can obtain information stored on internet servers."

 

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Source: Lawyerist.com, 19 April 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the author.

In the news: "In the wake of the N.J. high court's Stengart decision and its implications for attorney client-privilege in electronic communications, Gibbons lawyer Kristin Sostowski advises employers to re-examine their computer policies and e-discovery practices with employment counsel."

 

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Source: Law.Com's Daily Legal Newswire. 12 April 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

This post was written by Randall Ryder: "Many firms are switching to cloud-based data storage, including the one I work for. While loss of data is a valid concern, security of data and client files is another one. Some of the major companies behind cloud storage, however, are teaming to persuade Congress to implement better data privacy laws.

 

The companies, including AT&T, Google, and Microsoft, are calling themselves the Due Process Coalition. The group wants existing laws changed to protect online data from government access..."

 

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Source: Lawyerist.com, 1 April 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the site editor, Sam Glover.

In the news: "A recent report concluded law firms -- attractive targets because they maintain sensitive client data -- are being targeted by sophisticated and well-funded teams of cyberattackers. But firms don't often realize they've been infiltrated and rarely go public with security breaches."

 

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Source: Law.Com's Daily Legal Newswire. 9 March 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

This post was written by Allison Shields: "I recently visited a lawyer client of mine at her office. This particular lawyer shares space and a receptionist with a law firm for whom she also performs some work. When I gave my name to the receptionist, she immediately asked, "Are you related to Harry (not his real name)? He's a client at this firm."

I am not, in fact, related to "Harry," but the receptionist's question gave me pause. What if Harry had retained the firm on a matrimonial matter? (Matrimonial law was one of their practice areas). What if I were related to Harry (or worse yet, his wife) and Harry had not made public his marital problems or his intention to consult with a lawyer..."

Continue reading this important post by clicking on the author's name.

Source: Lawyerist.com, 5 March 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the site editor, Sam Glover.

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