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METADATA

Robert A. Barrer, Ethical Implications & Best Practices for Use of Email

Date 03/01/2015.

Author discusses and provides Best Practices to help regular users of email to be more efficient and avoid embarrassing and ethically questionable conducts. Source:New York Legal Ethics Reporter The full text is available at http://www.newyorklegalethics… New York Rules of Professional Conduct: 4.4(b) Mentioned ethic opinions: ABA Comm. on Ethics and Prof. Responsibility, Formal Op. 99C413 […]

  • ATTORNEY-CLIENT PRIVILEGE
  • LAWYERS' DUTY OF CONFIDENTIALITY
  • LAWYERS' ENCRYPTION OF INFORMATION
  • METADATA

James M. Altman, Inadvertent Disclosure and Rule 4.4(b)’s Erosion of Attorney Professionalism

Date 02/11/2015.

Author discusses why “Rule 4.4(b) provides no immediate protection to confidential information in the inadvertently disclosed document”. Mentioned Rule: 4.4(b) New York Code of Professional Responsibility The full text of the document is available at http://www.bryancave…

  • ATTORNEY-CLIENT PRIVILEGE
  • INADVERTENT DISCLOSURE
  • LAWYERS' DUTY OF COMPETENCY
  • LAWYERS' DUTY OF CONFIDENTIALITY
  • METADATA

Peter Geraghty, Cybersecurity and the use of emerging technologies, Part 1 and Part 2

Date 01/09/2015.

YourABA 2014 The article discusses the following topics: Email: To encrypt or not to encrypt? Reference to ABA Formal Opinion 99-413, 11-459  and 11-460; North Carolina Opinion 2012-5 (2012) Portable devices. Reference to California State Bar Opinion 2010-179 Cloud Computing. Reference to Alaska Opinion 2014-3; Washington state bar Opinion 2215 (2012); California State Bar Interim Opinion 11-0004 […]

  • CLOUD COMPUTING
  • LAWYERS' ENCRYPTION OF INFORMATION
  • LAWYERS' USE OF SOCIAL NETWORKS
  • METADATA
  • SUPERVISION OF LAWYERS AND PARALEGALS

Ronald D. Rotunda, Applying the Revised ABA Model Rules in the Age of the Internet: The Problem of Metadata

Date 12/01/2013.

52 Hofstra Law Review 175 (2013) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378492##; Chapman University Law Research Paper No. 13-17. Available at SSRN: http://ssrn.com/abstract=2378492 From the author’s abstract “When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary […]

  • ATTORNEY ADVERTISING
  • ATTORNEY-CLIENT PRIVILEGE
  • INADVERTENT DISCLOSURE
  • LAWYERS' DUTY OF COMPETENCY
  • LAWYERS' DUTY OF CONFIDENTIALITY
  • METADATA
  • PROSPECTIVE CLIENTS
  • SOLICITATION OF CLIENTS

Metadata Ethics Opinions Around the U.S.

Date 06/07/2013.

By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with metadata. The chart lists the answer given by the several opinions to the following questions: “What is the Sender’s Duty When Transmitting Metadata?” “May the Recipient Review or […]

  • METADATA

Nathan M. Crystal, Metadata in document transmissions

Date 05/27/2013.

Metadata refers to information embedded in electronic documents, such as date of creation, author of the document, changes made to the document, author and date of changes, when the document was last saved, and comments to the document.  In ABA Formal Opinion #06-422, the ABA Committee advised that a lawyer who received a document from […]

  • INADVERTENT DISCLOSURE
  • METADATA

Conrad Jacoby, Jim Vint & Michael Simon, Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked ESI

Date 04/03/2013.

19 Rich. J.L. & Tech 9 (2013), available at http://jolt.richmond.edu/v19i3/article9.pdf   From the Article: “Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (‘ESI’) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes.  However, what […]

  • E-DISCOVERY
  • METADATA

Thomas Y. Allman, Local Rules, Standing Orders, and Model Protocols: Where the Rubber Meets the (E-Discovery) Road

Date 04/03/2013.

19 Rich. J. L. & Tech 8 (2013), available at http://jolt.richmond.edu/v19i3/article8.pdf   From the Article: “A large number of federal districts have undertaken local initiatives to deal with e-Discovery.  Some merely make passing reference to e-Discovery in local rules while others explicitly describe topics deemed worthy of attention or mandate specific measures to resolve open e-discovery issues.  […]

  • E-DISCOVERY
  • METADATA

Professor Nathan M Crystal, Technology and Confidentiality

Date 01/31/2012.

Professor Nathan M Crystal, Technology and Confidentiality Topics of the presentation (1) public use of technology:            California Ethics Committee Formal Opinion 2010-179            ABA Formal Opinion 99-413            South Carolina Rule of Professional Conduct 1.6 (2) metadata in document transmission     […]

  • CLOUD COMPUTING
  • LAWYERS' DUTY OF COMPETENCY
  • LAWYERS' DUTY OF CONFIDENTIALITY
  • LAWYERS' ENCRYPTION OF INFORMATION
  • LAWYERS' USE OF SOCIAL NETWORKS
  • METADATA

Alberto G. Araiza, Electronic Discovery in the Cloud, 2011 Duke L. & Tech. Rev. 8

Date 12/31/2011.

The Author’s Abstract: “Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for […]

  • CLOUD COMPUTING
  • E-DISCOVERY
  • METADATA
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