Data privacy stands at the forefront of eDiscovery, bearing significant legal and ethical implications for attorneys. A failure to uphold stringent data privacy standards – especially Internationally – can lead to ethical violations, breach of sensitive data and hefty fines.
This CLE will teach attorneys the best ethical practices when managing U.S. eDiscovery of data that is stored abroad. Main topics covered: U.S. matters & cross-border legal considerations, international requirements, international technology & collection strategies, using eDiscovery & forensics technology in cross-border reviews and data disposition & reuse. Additional topics: FRCP Rule 1 – Cooperation, Form of Production – FRCP 34(b)(2)(E), data sources, ESI Orders/Stipulations, evolving data laws, global geopolitical factors & economic drivers, cultural differences, understanding data flows, legal hold best practices & scoping, data reservation strategies and collection considerations. The following ABA Model Rules are implicated: Rule 1.1 – Technological Competence, Rule 3.4 – Fairness to Opposing Party & Avoiding Spoliation, Rule 1.15 – Safekeeping Property and Rule 5.1 – Responsibilities of a Supervisory Lawyer.
Panelists include: Carolyn Bigg of DLA Piper (Global Co-Chair of Data Protection, Privacy & Security), Matthew Krengel of Cooley LLP (Discovery & Information Governance (IG) Counsel) and Alex Marjanovic & Chris Marks of Ankura Global Consulting (Senior Managing Director).
Specialty Areas: Legal Ethics
Practice Areas: Business Law, Ethics, Litigation, Professional Conduct
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA) | Wyoming (WY)
Course Expiration: 02/13/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 02/13/2024
Run Time: 1:00:00
"It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so.“ - Mark Twain
Implicit bias is a hard-wired cognitive shortcut that is the brain's way of simplifying a very complex world. This mental crutch helps us make snap judgements to quickly assess potential dangers in our environment. But this same unconscious bias can lead to bad decisions that violate an attorneys' ethical duties of Competence, Communication & Diligence. It can also lead to bad press for law firms, malpractice lawsuits and possibly disbarment. In this CLE, Danny Howell will mainly cover the ABA & state response to combatting implicit bias, the types of unconscious bias that create ethical risks for attorneys, ABA Ethics Opinion 500, bias against persons with disabilities and the fact that a 1 hour implicit bias CLE is not enough. Further topics of discussion: confirmation bias, cultural bias, affinity bias, sunk cost bias, accent bias, the EEOC & mental health conditions, faulty assumptions, the circle of trust, mentoring, expanding your circle and following the leaders. Ethical Rules discussed: Rule 1.1, Rule 3.1, Rule 5.1 & Rule 8.4(d).
Danny Howell has been representing attorneys in professional liability suits, bar investigations and complaints and disbarment actions before the federal courts and the United States Patent & Trademark Office, for over 25 years.
Specialty Areas: Diversity, Inclusion and Elimination of Bias
Practice Areas: Access to Justice, Diversity and Inclusion, Diversity and Wellness, Diversity, Inclusion and Elimination of Bias, Elimination of Bias, Equity, Diversity and Inclusivity (EDI), Implicit Bias, Professional Conduct, Professionalism
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA)
Course Expiration: 11/28/2028
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Diversity, Inclusion and Elimination of Bias
Original Production Date: 11/28/2023
Run Time: 1:00:00
Attorneys are no longer confined to print ads in the Sunday paper & late night T.V. commercials. The Internet & social media have opened an entirely new online landscape for attorneys to advertise their services & law firms – but this new electronic terrain presents new ethical challenges.
“In a wreck, need a check?,” attorneys with sledgehammers, a “healthy dose of Dic,” monster trucks & guns. As attorneys that help lawyers with websites & online marketing, Desire'e Martinelli & Jeff Lantz have seen these numerous attorneys violate the rules of professional conduct with their online advertising. They are here to keep your conduct ethical in your YouTube vidoes, Facebook posts & PPC advertising. Primary subject covered: tips to avoid common ethical pitfalls, the consequences & penalties of unethical online advertising, and the best practices & plan when advertising online. Additional topics: using disclaimers, testimonial, making promises, required notifications, misleading ads, confidentiality issues, unjustified expectations, comparative statements, truthfulness & accuracy, case law, creating an ethical compliance plan and tools & resources. Ethical Rules addressed: Rule 1.6: Confidentiality, Rule 7.1: Communications Concerning a Lawyer’s Services, Rule 5.5: Unauthorized Practice of Law and Rule 8.4: Third-Party Violations.
Desire'e Martinelli is an attorney and the Director of Marketing & Analytics of Esquire Interactive LLC. Jeff Lantz is an attorney, entrepreneur and the CEO of Esquire Interactive LLC, an interactive digital marketing agency for attorneys and law firms.
Specialty Areas: Legal Ethics
Practice Areas: Ethics, Law Practice Management, Professional Conduct
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Hawaii (HI) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Montana (MT) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | Rhode Island (RI) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA) | West Virginia (WV) | Wyoming (WY)
Course Expiration: 07/18/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 07/18/2024
Run Time: 1:00:00
If cybercrime was a country, it would be the third largest economy behind only China and the United States. By 2028, the annual cost of cybercrime worldwide is expected to approach $15 trillion. Attorneys must be educated on the risks associated with cybersecurity in order to protect their firms and clients.
Your law firm’s cybersecurity is only as strong as your weakest link: your employees. 95% of all successful cyber breaches are due to human behavior. In the CLE Tom Kirkham will describe the extent of the cybercrime threat to your law firm, address strategies & trainings and he will conclude by introducing you to the 3 pillar methodology to protect your law firm. Additional topics: the size & scale of the hacking industry, what is at risk for attorneys, common shortfalls, the NIST Cybersecurity Framework, exploiting human factors & behavior, psychological warfare, why training fails, plan & act, Cybersecurity Defense Systems, IT Infrastructure, governance, and Managed Cybersecurity Services (MSSP). With these strategies that Tom details, you can create a security-first culture that will help your law firm survive and thrive in the face of the cyber pandemic. This program is designed for attorneys at any level of practice in any field of law.
Tom Kirkham, founder and CEO of Intech Security provides cybersecurity defense systems and focuses on educating and encouraging organizations to establish a security-first environment.
Specialty Areas: Cybersecurity
Practice Areas: Business Law, Criminal Law, Cybersecurity, Law Practice Management, Personal Injury, Technology, Wills, Trusts & Estates
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Missouri (MO) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Washington (WA) | West Virginia (WV)
Course Expiration: 07/31/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Cybersecurity
Original Production Date: 07/31/2024
Run Time: 1:00:00
Online gambling is BIG business. By 2029, the projected market volume is expected to reach $133 BILLION. It’s no wonder that gambling disorder was recently recognized by the DSM-V as an addictive disorder.
It’s also no surprise that lawyers are especially at risk because addiction is already problematic for lawyers, who suffer disproportionate rates of mental & addictive disorders. A former alcoholic with a cocaine & sports gambling addition, Brian Quinn knows the depths of despair all too well. From being suspended from the practice of law for 5 years to serving as Education & Outreach Coordinator at LCL, Brian learned to persevere & overcome. He will share his personal story and take a deep dive into gambling addiction – including its warning signs, risks, co-morbidities, related ethical issues and the toll it takes on the legal profession. Additional topics: how LAPs (Lawyer Assistance Programs) help attorneys, the Hazelden-Betty Ford Study on Lawyer Impairment, the DSM-5: Gambling Disorder definition, the Gambling Establishment, Murphy v National Collegiate Athletic Association, Roger Goodell & The NFL, accessibility & anonymity, perfectionism, excessive self-reliance and the stigma of addiction for attorneys.
Brian S. Quinn, Esquire is a licensed attorney in Pennsylvania who currently serves as the Education and Outreach Coordinator for Lawyers Concerned for Lawyers of Pennsylvania, Inc., a Lawyers Assistance Program established in 1988 for the purpose of helping lawyers, judges and law students recover from alcoholism, drug addiction and mental health disorders.
Specialty Areas: Legal Ethics
Practice Areas: Attorney Wellness, Diversity and Wellness, Ethics, Mental Health & Substance Abuse, Prevention & Detection Competence, Professional Conduct, Professional Well Being (NC), Professionalism, Substance Abuse
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Hawaii (HI) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | Rhode Island (RI) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Washington (WA) | West Virginia (WV)
Course Expiration: 09/06/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 09/06/2024
Run Time: 1:00:00
Do you know Michael Mandell, Anthony Barbuto or @TikTorTok?? You might not know them yet - but literally millions of other people do. Yes, even attorneys are breaking into the TikTok market… and some have 10M+ followers!!!
However, TikTok does not come without ethical concerns for attorneys, especially considering the constraints of attorney advertising rules. In this CLE, Cari Sheehan will detail the ethical issues associated with using social media & TikTok and review some attorney influencer videos to see if their online conduct truly comports with the Rules of Professional Conduct. Main topics covered: attorney advertising in a TikTok world, how artificial intelligence can help attorney advertising and ethical rules implicated in advertising on social media platforms. Additional subjects: how attorneys can educate, entertain & inspire on TikTok, how AI like ChatGPT & otter.ai can help attorneys, using disclaimers, YouTube, Facebook, LinkedIn, Twitter, Instagram, using TikTok for hiring & collecting evidence, the perks of successful advertising, showing your personality & humanizing the profession, the cons of TikTok and best practices for remaining ethical while advertising online.
Cari Sheehan is an Assistant Clinical Professor of Business Law and Ethics with the IU Kelley School of Business - Indianapolis where she teaches courses in Business Law and Ethics.
Specialty Areas: Legal Ethics
Practice Areas: Ethics, Law Practice Management, Professional Conduct
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Idaho (ID) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA) | Wyoming (WY)
Course Expiration: 05/17/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 05/17/2024
Run Time: 1:00:00