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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Attorney Client Privilege Online Briefing for In-House Counsel

On February 12, 2019, I will lead a one hour online ethics presentation on Attorney Client Privilege for In-House Counsel for CELESQ, AttorneysEd Center. The program will cover important considerations regarding the duty of confidentiality, the attorney client privilege and the work product doctrine, from the perspective of the in-house lawyer, including operating in dual …

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The Latest on the New Rules of Professional Conduct

It's 2019, and attorneys need to be up to speed on the new Rules of Professional Conduct, in particular those addressing the obligations of law firm managers and supervisors. I will be addressing that subject, along with the new California Rule covering the unauthorized practice of law in California, on January 28th at the Federal …

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Complying with the New Trust Accounting Rules

On January 9, 2019, I will be leading a webinar on behalf of the Continuing Education of the Bar for California titled "Complying with the New Trust Accounting Rules." The new California Rules of Professional Conduct expand what fees must be deposited into a trust account. My program will cover what fees need to go …

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