Kenneth N. Rashbaum, Privilege Waived When Attorney Emails Client at Work Email Address

Several courts have held that privilege may be waived when a client sends an email to counsel on the client’s business network, where the business has notified the employee that the network may be monitored or accessed by the employer, and that employees should have no expectation of privacy in communications sent or received on […]

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Nicole Black, Will Encrypted Communications Using Cloud Computing Platforms Soon be Commonplace for Lawyers?,

From the Article: “Accordingly, because email is outmoded, inherently unsecure, and there are now more secure forms of electronic communication available, I predict that within two years or so, lawyers in most jurisdictions will choose to, or be required to, communicate and collaborate with clients using encrypted communications. And, the platform of choice will be encrypted […]

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Nicole Black, Lawyer-client emails and risk of third party access, The Daily Record Newswire

From the Article: “Do lawyers have an ethical obligation to warn clients of the risk of third-party access to all types of electronic communication between attorney and client? This question was addressed last month in an ethics decision, Formal Opinion No. 11-459, issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility.” […]


Nicole Black, Law Life: Cloud computing and the encryption red herring,

From the Article: “The bottom line is that lawyers can use cloud computing without encrypting the files before storing them in the cloud. That being said, the determination of whether to upload unencrypted client data into the cloud will vary from one law practice to another and is contingent upon the type of data that […]

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Alex Teu, Waiving the Attorney Client Privilege by Using Third Party File Transfer Providers – Part 1,

From the Article: “An interesting question was raised by a Government law department seeking to use LeapFILE to transfer files: does a party lose its right to claim attorney client privilege over a communication otherwise privileged by using a service like LeapFILE to transmit that communication? The rationale for breaking the privilege is that the […]

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