Settlement Demands, Extortion, and the Litigation Privilege

Procopio Partner and General Counsel Carole J. Buckner has a new article in the San Diego County Bar Association's Ethics in Brief series. "Settlement Demands, Extortion and the Litigation Privilege" deals with an important new case, People v. Toledano, that addresses an issue of first impression: when is a settlement demand made by an attorney …

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Ethical Obligations in Data Security: Webinar July 30, 2019

Join Procopio Partner and General Counsel Carole J. Buckner for a one-hour webinar July 30, 2019 on an issue critical to lawyers in our digital age. "Ethical Obligations in Data Security: Significant Compliance Practices" is a live webinar from 12:00 pm to 1:00 pm ET on Tuesday, July 30, 2019 hosted by The Knowledge Group. …

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Planning an Effective Response to a Cyber Incident

Procopio Partner Carole J. Buckner recently completed a webinar on Planning an Effective Response to a Cyber Incident with Todd Doss, Managing Director of Ankura. The presentation covered staffing the incident response team, planning for communications, and insurance notification. Mr. Doss discussed the role of a forensic consultant in a data breach investigation, including preservation …

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Protecting Privilege in a Cyber Breach, and Handling Ethics in Partnerships

Protecting attorney client privilege in the event of a cyber-breach is critical given the likelihood of later class action litigation. Learn the latest from my article in San Diego Lawyer Magazine on Protecting Privilege in a Cyber Breach Incident Response. Representing a 50/50 partnership can put an attorney in perilous ethical waters. Read my latest …

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Do You Have a Cyber Attack Incident Response Plan?

Every attorney’s ethical duty of competence requires a lawyer to provide competent representation to a client, applying the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This in turn requires that a lawyer keep abreast of technology, including associated risks and benefits, including continuing study and education. As a matter of best …

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Implied Consent to Current Client Conflicts

I've just published a new article for the Orange County Bar Association in its "Ethically Speaking" series titled "Implied Consent to Current Client Conflicts." Normally, informed written consent is required from clients with adverse interests that a lawyer simultaneously represents in unrelated matters. In the absence of such consent, the prior applicable jurisprudence provides that …

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What Keeps a General Counsel Up at Night?

Every day brings new challenges to a corporate general counsel. I'll be addressing some of those in two separate sessions March 6 and 7, 2019, at the 18th Annual Legal Management and Risk Management conference in Chicago, Illinois. On March 6 I'll be joining Hinshaw & Culbertson LLP Partner David A. Grossbaum and AXIS Capital …

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