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According to a source, the Federal Bureau of Investigation (FBI) has revised its privacy rules on dealing with data that it receives from the National Security Agency (NSA) regarding Americans’ international communications (international emails, texts and phone calls). This is the so called “Section 702 data” because it is collected by the NSA under the […]

On September 22, 2015, the West Virginia Office of Disciplinary Counsel Legal Ethics issued a comprehensive opinion to provide the guidance for lawyers on the use of social media for both business and personal matters.  West Virginia Office of Disciplinary Counsel Legal Ethics Opinion 2015-02 Lawyer Disciplinary Board – L.E.O. 2015-02 The Disciplinary Board provided […]

E-discovery is inseparable from the issue of ethics. Because lawyer duties and requirements permeate the realm of e-discovery, they invariably implicate lawyers’ ethical duties. This is illustrated by the fact that the most notorious e-discovery cases are ones where lawyers are heavily sanctioned – including referral to a state bar for disciplinary proceedings. This article […]

Read Part One II. Candor F.R.C.P. 26(g) has its own Rule-11-type signature provision for discovery requests, responses and objections. If the certification of truthfulness, completeness, and propriety in law and fact violates the rule “without substantial justification,” the court is required to impose “an appropriate sanction” on counsel, the represented party, or both. Additional requirements […]

Read Part One II. Candor F.R.C.P. 26(g) has its own Rule-11-type signature provision for discovery requests, responses and objections. If the certification of truthfulness, completeness, and propriety in law and fact violates the rule “without substantial justification,” the court is required to impose “an appropriate sanction” on counsel, the represented party, or both. Additional requirements […]

E-discovery is inseparable from the issue of ethics. Because lawyer duties and requirements permeate the realm of e-discovery, they invariably implicate lawyers’ ethical duties. This is illustrated by the fact that the most notorious e-discovery cases are ones where lawyers are heavily sanctioned – including referral to a state bar for disciplinary proceedings. This article […]

On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]

On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]

On July 1, 2015,  the Vienna Regional Court (Landesgericht) rejected a class action (Datenschutz Sammelklage) complaint brought by Max Schrems, an Austrian data protection activist, against Facebook Inc. for lack of jurisdiction The court (Landesgericht) found in first instance that it is not entitled to decide on the class action claiming that Facebook breached EU […]

Committee on Professional Ethics Topic: Financing a law practice; crowdfunding websites Digest of the Committee: “A law firm may engage in certain types of crowdfunding but not others. Any form of fundraising that gives the investor an interest in a law firm or a share of its revenue would be prohibited. However, in some circumstances […]