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

Date: Tuesday, September 12, 2017
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 don'ts of many ‘hot topics,' including: social media ethics concerns as to 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 eDiscovery competency expectations.

Areas Covered in the Session:

Social-Media Ethics – Do's and Don'ts for . . .

  • Lawyers
  • Advertising/Solicitation
  • Preservation/Spoliation by Client
  • Communicating With, and Researching Adversary Litigants, Witnesses and Jurors
  • Jurors Themselves
  • Posts and Research
  • Judges
  • Own Activity
  • Aggressiveness Re: Stored Communications Act (SCA) EndRuns as to Litigants, etc.

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

  • Invasion as a Liability Issue
  • (Ex-)Employee's Own Attorney-Client Privilege
  • eDiscovery Rock and Hard-Place
  • Lawyer's Use of Own Device, Webmail (and Wi-Fi)

Overall Data-Security in Our "Cloud" Era

  • Cloud per Se
  • Reasonable Care
  • Acquiring Expertise or Retaining Apt Consultant(s)
  • Redux as to Practical Ramifications of Ethics Opinions
  • Encryption of Data in Transit, Including via Email

Electronic Discovery (eDiscovery)

  • Competence Now an Ethical Duty
  • Avoiding Waiver of Attorney-Client Privilege and Attorney Work-Product Protection

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 & eDiscovery Counsel and Electronic-Information-Management (EIM) Group chair at Fenwick & West LLP, a 300-attorney, Silicon Valley based, national law firm
  • Advises clients and colleagues on information security, data privacy, electronic information management, electronic discovery, retention/destruction policies/protocols, and social media rewards and risks
  • Nationwide conference chair, speaker and writer on many law and technology issues, 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)