Revised State Data Breach Laws Demand Attention

I’ve written quite a bit during the past year about cybersecurity, urging lawyers to take seriously their obligations to protect client confidential information and to be judicious when acquiring technology and services that will be used to store and transmit client data. I’m returning to the topic of cybersecurity again today, this time to note…

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Lawyers, Be Tough Customers When Purchasing Technology

Lawyers, ask yourselves:  Can I ethically connect my work laptop computer to an unsecured public Wi-Fi network? What data security measures are in place at the technology vendors that store and process my clients’ confidential information? Do the software applications that process my clients’ confidential information have the latest security updates? If you don’t know…

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Virtual Proceedings Demand Litigators’ Best Efforts

Courts are now reopening across the country and the social distancing requirements that upended traditional civil litigation practices for the past year are gradually being eliminated. The “old normal” appears to be just around the corner. No more need to polish those hard-earned virtual advocacy skills, right?  Yes and no. Although it’s true that in-person…

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Litigators Urge Caution With Virtual Jury Trials

Legendary jurist Oliver Wendell Holmes wrote that “hard cases make bad law,” by which he meant that a legal rule fashioned for an extraordinary circumstance can be inappropriate for the resolution of everyday disputes.  Holmes’ century-old aphorism was recently invoked by several experienced litigators in a discussion about the merits of virtual justice and whether…

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