Protecting Privilege in a Cyber Breach Incident Response
It is critical to understand and properly address attorney-client privilege and attorney work product during the course of an incident response
Monthly Archive: November 2019
Tips From the Bench: Judge Timothy B. Taylor
Judge Taylor believes that attorneys should always be fair to each other, and young attorneys should learn that nobody benefits from taking advantage of each other.
Representing a Client Adverse to a Lawyer’s Own Former Employer
A potential client comes to a lawyer with a case against his or her former employer. The catch: the lawyer worked for the same company before passing the bar.
Judges’ Social or Close Personal Relationships with Lawyers or Parties as Grounds for Disqualification or Disclosure
Under what circumstances must judges disqualify themselves or make disclosures based on personal relationships?
Marijuana Law: A New Body of Law
As of today, 10 states have passed recreational marijuana laws along with 33 states that have some form of medical marijuana laws. With each passing of these laws comes the same debates and concerns.
The Duty to Communicate — A Two Way Street
Rule of Professional Conduct 1.4, effective now for a year, has made explicit some duties never stated in former rule 3-500. The new portion of the rule calls for a conversation between lawyer and client about the tripartite relationship among: (1) the client’s objectives; (2) the means the lawyer has available to achieve them; and (3) the resources—financial as well as personal—the client can devote.
Is AI the new ‘Snake Oil’?
We have all experienced AI in modern life: Netflix recommendations, Amazon’s and Spotify’s suggestions, and LinkedIn’s and Facebook’s prods. These may be recent, but AI has been around the legal world for a long while, in both legal research and electronic discovery.
The Duty to Communicate — A Two Way Street
Rule of Professional Conduct 1.4, effective now for a year, has made explicit some duties never stated in former Rule 3-500.
Finding a Pathway to Mindfulness
Stress and anxiety seem to be an inherent part of the job description of being a lawyer. This mindset has to change if we hope to achieve happiness in our chosen career.
Wu v. O’Gara Coach Co., LLC (2019) 38 Cal.App.5th 1069
Should the court disqualify a lawyer and the lawyer’s firm based on the lawyer’s previous engagement as an adversary’s executive and playbook knowledge.