This message is sent to you by LawNewswatch

Legal Ethics in the Era of Social Media, BYOD, the Cloud, Data Breaches and eDiscovery

Date: Tuesday, March 19, 2019
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services

Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00


Learn the key digital era ethical obligations and many practical compliance steps every attorney must know.

In our data-driven and threat-filled world, companies, and thus their counsel, bear increased responsibilities to protect sensitive information and not to overstep access boundaries. With law firms a prime target of hackers, now more than ever attorneys must be more vigilant than ever.

States’ bars and bar associations as well as the judiciary keep sprinting to issue opinions to keep up with rapidly changing technologies.

This topic will drill down on some of the key modern ethical obligations placed on lawyers both day-to-day and in litigation. Learn the do’s and dont’s of many hot topics, including: social media ethics concerns as to advertising, opposing parties, witnesses, jurors and judges; the interplay between no employee privacy BYOD policies and individual workers’ potential attorney-client privilege rights; reasonable care obligations as to outsourced data storage and email transmissions; and increased E-Discovery competency expectations.

Areas Covered in the Session:

Social Media Ethics – Do's and Dont's for . . .

• Lawyers
◦ Advertising/Solicitation
◦ No Online Legal Advice
◦ Disclaimers
◦ Preservation/Spoliation by Client

Communicating With, and Researching Adversary Litigants, Witnesses and Jurors

• Jurors Themselves
◦ Posts and Research
• Judges
◦ Own Activity
◦ Connecting With (or Friending) Lawyers

Bring Your Own Device (BYOD), Company Owned Personally Enabled (COPE) and Webmail

• Invasion as a Liability Issue
• (Ex)-Employee's Own Attorney-Client Privilege
• E-Discovery Rock and Hard Place

Overall Data Security in Our Cloud Era

• Ethical Duties of Confidentiality/Competence
• Mobility/Travel Tips
• Various Protective Measures
• Email Concerns
• Cloud per Se

Reasonable Care (Due Diligence)

• Duty of Supervision
• Practical Data Security Tips Regarding the Cloud
• Information Management and Litigation Prep

Electronic Discovery (E-Discovery)

• Competence Now an Ethical Duty
• Avoiding Waiver of Attorney-Client Privilege and Attorney Work Product Protection
• Impacts of FRCP ESI Changes 12/1/15

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Robert D. Brownstone, Esq., Fenwick & West LLP

  • Technology and e-discovery counsel and Electronic Information Management (EIM) group chair at Fenwick & West LLP, a 350+ attorney, Silicon Valley based, national law firm
  • Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
  • As to many law and technology issues, nationwide conference chair, speaker and writer including on the blog
  • Has taught electronic discovery law and process at four law schools
  • Frequently quoted in the press as a source on electronic information issues
  • Advisory board member, National Employment Law Institute
  • Advisory board member, American Lawyer Media (ALM) legal tech conferences
  • J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
  • Can be contacted at

(Not available outside the US)