Thought I’d share various pieces that have caught my eye recently. Making me smile, this piece recommending law departments review and revise Outside Counsel Guidelines: “Maximize the Impact of Your Legal Invoice Review Process” — “#1: Ensure your outside counsel billing policies and guidelines are current, concise, and acknowledged by your law firms… How long […]
“Beware: The Report Expressly Prepared for Trial Counsel May Not Be Privileged After All” — “Here’s a common scenario: You discover a potential compliance issue and worry about being sued. You hire outside counsel to help prepare for litigation. Trial counsel in turn hires a consulting firm for the express purpose of helping in its […]
“Third Party Disclosure Waives Privilege” — “The Delaware Court of Chancery has held that a party waived its attorney-client privilege by submitting the documents at issue to the Federal Communication Commission.” “The Plaintiffs seek thirty-one (31) documents previously produced by Defendant IDT Corporation (“IDT”) to the Federal Communications Commission (“FCC”) in 2016 in connection with […]
This one caught my eye as something worth keeping on radar. While the focus is on client breaches and outside counsel/experts, we’ve read about a law firm or two that has faced similar incidents in recent times… “Data Breach Report in Capital One Litigation Not Privileged” — “On May 26, the District Court found in […]
This one caught my eye as I considered the potential implications for information sharing typically conducted during lateral lawyer moves… If you’re in a specialized practice looking to make a lateral move, and the hiring firm asks for a list of clients… what then? Ask all clients for permission? “Fifth Circuit Reaffirms That Client Identity […]
We’ve covered several updates about Zoom and general conferencing risks. New technologies always bring new potential and often new risks. Here’s more on the question of these convenient listening devices in many homes. It looks like sensitivity levels, concerns and mitigation practices are starting to rise, if the quoted firm representatives are any indication, in: […]
“Restatement to the Rescue: 20-Year-Old Treatise May Help Ease Work-at-Home Privilege Problems” — “Since so many lawyers and clients are now communicating with each other from their homes, the COVID-19 pandemic presents such a time with respect to the protection of attorney-client privilege.” “For lawyers who have long since set themselves up to operate on […]
“Risk Management Issue: Is e-mail ‘spoofing’ covered under the computer fraud provision in an insurance policy?” — “Medidata submitted a claim for the loss under its insurance policy issued by the Defendant Federal Insurance Company (‘Federal’). The policy included a Computer Fraud Coverage provision, which covered ‘direct loss of Money, Securities or Property sustained by […]
This caught my eye, thinking about the applicability to firm-to-firm mergers: “How To Protect Atty-Client Communications After A Merger” — “When negotiating deals for clients, lawyers should heed an often-overlooked 2013 ruling on the issue of who will own privileges over attorney-client communications because a failure to do so can result in legal trouble down […]
Back with more to blog about. Today it’s an interesting article from Karen Rubin and Tom Zych at Thompson Hine: “Do we need a new ‘data-breach privilege’? Thoughts on the Sedona Conference proposal” “The outlines of the attorney-client privilege and work-product doctrine are well-established. But how should they apply when an organizational client suffers a […]