Experienced practitioners in the data security and privacy space provide insight on how to respond when a client – or even your own firm – learns about an unauthorized party accessing sensitive information. Includes overview of the legal landscape, including state and federal data breach notification laws and important first steps when initiating an investigation, with advice on best practices and lessons learned from real-life incidents.
Learn tips to avoid malpractice with a focus on the most common malpractice claims: failure to know and apply the law; conflicts of interest; deadlines; cyber-liability and privacy; and inadequate discovery and investigation.
Learn how to avoid potential ethical traps in researching social media profiles to uncover investigative/ background information about parties, witnesses, experts, jurors, etc., and, in some cases, to use this information as evidence. This program reviews pertinent ethics opinions issued by the ABA and bar associations in many jurisdictions; discusses relevant caselaw; reviews detailed guidelines for social media research issued by the New York State Bar’s Commercial and Federal Litigation Section; and ties them into the ABA Model Rules of Professional Conduct. The program will also explore: Who's your "friend?" Could "friending" violate the deception or ex parte communication ethical rules? Is it ethical to research the social media profiles of parties and witnesses during discovery or trial? Is it ethical to research the social media profiles of potential jurors before trial or seated jurors during trial? Could advising clients to delete, deactivate, or adjust privacy settings on their social networking accounts lead to an ethical violation or spoliation charge against you? How to configure security/privacy settings in your own profile to avoid ethical breaches. The seminar is partially based on the speakers' 55-page Social Media chapter from their book, "The Cybersleuth's Guide to the Internet."