ABA Formal Opinion 480

American Bar Association Standing Committee on Ethics and Professional Responsibility   Topic: Confidentiality Obligations for Lawyer Blogging and Other Public Commentary   “Lawyers who blog or engage in other public commentary may not reveal information relating to a representation, including information contained in a public record, unless authorized by a provision of the Model Rules.” […]

First data security class action against law firm is sent to individual arbitration

The first filed privacy class law against a law firm was sent to arbitration. On April 15, 2016, Plaintiffs filed the first class action complaint against a law firm for “systematically exposing confidential client information and storing client data without adequate security”. The complaint accuses Johnson & Bell, a mid-sized Chicago firm, of failing to […]

Colorado Formal Opinion 130

Colorado Bar Association Ethics Committee   Topic: lawyer’s posting or sharing of materials   Conclusion of the Committee: “In many situations, making information obtained in the course of representing a client public is helpful, either to other lawyers or to educate the public. But client confidences must be respected. When a client gives informed consent to […]

Unconsented hyperlinking to copyrighted material is copyright infringement if for profit

On September 8, 2016, the Court of Justice of the European Union (CJEU) decided whether unconsented hyperlinking to copyrighted material is copyright infringement. It held that when that unconsented hyperlinking generates a profit, then it is is copyright infringement. In 2011, GeenStijl published links to some pirated Playboy photos. Sanoma (Playboy publisher) brought an action at the Rechtbank […]

Social media legal advertising finally possible in Italy? So an Antitrust authority’s decision says

On June 15, 2015, the Italian Competition Authority (Antitrust Authority) clarified that lawyers are allowed to use any website – being it managed by the lawyer himself or by third parties – to promote their services in Italy. Based on this decision, Italian lawyers should finally be able promote their legal services on social networks like, for […]

New York State Bar Opinion 1062

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 […]

New York State Bar Opinion 1049

Committee on Professional Ethics Topic: Solicitation Digest of the Committee: “Where a potential client posts a message on a website asking to be contacted by a lawyer about a particular legal problem, a New York lawyer may respond in the manner invited by the potential client.  A response invited by the potential client does not […]