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 […]
On February 9, 2017, a Virginia District Court deemed that the posting of privileged information on the web without protection results in a waiver. In this case, Harleysville Insurance Company, (“Harleysville”) sued the defendants, Holding Funeral Home, Inc. seeking a declaratory judgment that it did not owe them fire loss claim. (Incidentally, the District Court […]
On June 27, 2014, the D.C. Court of Appeals issued an opinion clarifying that it is not necessary for an investigation to have as only purpose to obtain or provide legal advice in order to maintain privilege. It is sufficient that one of its “significant purposes” was to provide legal advice. In re Kellogg […]
Interesting blog authored by Bart Huffman and Charles Salmon of Locke Lord LLP (see here) discusses some legal issues generated by cyber-security incidents. The blog specifically deals with the issue of whether non-public written records concerning the breach (e.g. minutes of meetings, communications among the response team, etc.) may be privileged or protected under the work product doctrine. For more information, […]
The authors (Bart Huffman and Charles Salmon of Locke Lord LLP) discuss some legal issues generated by cyber-security incidents. The blog specifically deals with the issue of whether non-public written records concerning the breach (e.g. minutes of meetings, communications among the response team, etc.) may be privileged or protected under the work product doctrine. The full text is available at http://www.jdsupra.com…
Author explores the interplay between work product claims and the duty to preserve relevant ESI by analyzing Siani v. State University of New York, which discusses when the duty to preserve relevant ESI arises and the following Sanofi-Aventis v. Glenmark. The full text is available at http://www.recommind.com…
White v. West Publishing Corp., 1:12-cv-01340-JSR (S.D.N.Y. July 3, 2014) In this case Plaintiffs sued West and Lexis for copyright infringement based on the inclusion of two of his copyrighted briefs in Defendants’ databases. The court denied Plaintiff’s motion. Section 107 of the Copyright Act provides a defense to copyright infringement that allows for […]
The author describes White v. Westlaw, a case where Plaintiff, sues West and Lexis for copyright infringement based on the inclusion of two of his copyrighted briefs in Defendants’ databases. The full text is available at: http://blog.ericgoldman… Related document: Republishing attorney-drafted documents is not infringement
American Bar Association, The Young Lawyer, Vol. 16 No. 9 (July/August 2012) Excerpts from the Article: “Technology has recently transformed communications between lawyers and their clients and poses unique problems for preserving the attorney-client privilege, the work product doctrine, and lawyers’ ethical duty to maintain client confidences. […] Social media sites provide a potential forum […]
Committee on Professional Ethics Topic: Searching inadvertently sent metadata in opposing counsel’s electronic documents From the digest: “A lawyer who receives from an adversary electronic documents that appear to contain inadvertently produced metadata is ethically obligated to avoid searching the metadata in those documents. (…) Using the metadata is appropriate in circumstances where the adversary […]