Article
New Developments in Law Firms’ Obligations To Protect Against Data Breaches
The New York Law Journal
(2021)
Abstract
Lawyers working remotely should exercise reasonable diligence to secure the confidentiality of confidential client information, and should ensure that their portable electronic devices either do not contain client information, or can be remotely deactivated and scrubbed. Law firms subject to cyber intrusions should consider the four hypothetical situations outlined in a new opinion by the California State Bar in determining when to notify clients of data breaches, and should resolve reasonable doubts in favor of prompt client notification. Lawyers should consult the laws of the jurisdictions in which they practice, and in which their clients do business, as different states may vary in their interpretation of lawyers’ professional responsibilities with respect to data breaches.
Keywords
- data breach by law firm,
- law firm,
- data breach,
- professional responsibility,
- legal ethics
Disciplines
Publication Date
January 15, 2021
Citation Information
Jennifer Goldsmith, David Standish and Barry R. Temkin. "New Developments in Law Firms’ Obligations To Protect Against Data Breaches" The New York Law Journal (2021) Available at: http://works.bepress.com/barry_temkin/73/