Cybersecurity and Ethics for Trial Lawyers: Managing E-Discovery Information Security Risks
This program offers 30 minutes of New York Cybersecurity, Privacy and Data Protection ethics credit.
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the trial lawyer's ethical obligations, professional responsibilities, and best practices concerning cybersecurity, privacy, and the protection of confidential, privileged, and proprietary electronic data and communications in the context of litigation, specifically documents and testimony created, produced, reviewed, or received during discovery. The program will review key cybersecurity issues, such as Rule 26(f) conference topics and best practices for working with third-party vendors.
Outline
- Constitutional, statutory, and regulatory authorities
- ABA Rules of Professional Responsibility
- New York Rules of Professional Responsibility
- Formal opinions
- NIST (National Institute of Standards and Technology Cybersecurity Framework)
- CISA
- Federal Financial Institutions Examination Council Guidance
- Cybersecurity at the Rule 26(f) pretrial conference
- Due diligence on eDiscovery service and technology vendors
- Duty to disclose security breaches and plan for post-breach mitigation and remediation
- Security breach prevention and recovery
- Cloud security concerns
Benefits
The panel will discuss these and other important topics:
- What aspects of cybersecurity might be of heightened importance for a litigator?
- How should cybersecurity protocols be negotiated in Rule 26 conferences and are they subject to proportionality limits?
- Is a data breach "accidental" for purposes of clawback provisions?
- What security measures might be required for remote depositions?
- What is the risk of ESI reassembly and read-only dissection?
Faculty
Denise E. Backhouse
Shareholder
Littler Mendelson
Ms. Backhouse provides focused guidance and expertise on information governance and electronic discovery matters to... | Read More
Ms. Backhouse provides focused guidance and expertise on information governance and electronic discovery matters to Littler's lawyers and their clients. She is an elected member of the American Law Institute, a founding member of the Board of Directors of the International Data Law Association, and a founding director of the Cardozo Data Law Initiative (CDLI), Benjamin N. Cardozo School of Law, Yeshiva University. Denise served as Co-Chair and on the Steering Committee of the American Bar Association Cross-Border Institute. Ms. Backhouse serves on the Working Group Series Leadership Council of The Sedona Conference®, is a former member of the Steering Committee of The Sedona Conference's Working Group on International Electronic Information Management, Discovery and Disclosure (WG6), and is actively involved in The Sedona Conference’s Working Groups on Electronic Document Retention and Production (WG1) and Data Security and Privacy Liability (WG11). She is also a Certified Information Privacy Professional/Europe (CIPP/E). Ms. Backhouse is a frequent author, speaker, and lecturer on eDiscovery and data protection issues, including on such topics as developing trends; cross-border discovery, data privacy; and privilege and ethics in eDiscovery.
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Emily Westridge Black
Partner
Shearman & Sterling
Ms. Westridge Black is a partner in the firm’s Litigation practice. Her practice focuses on the representation of... | Read More
Ms. Westridge Black is a partner in the firm’s Litigation practice. Her practice focuses on the representation of companies and high-profile individuals in class actions, internal investigations, product liability litigation, global compliance and anticorruption matters, cybersecurity matters, and other complex commercial litigation.
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