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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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October 19, 2021 | 10:30 AM - 12:30 AM EDT
Pricing
Members: No Charge
Non-members: No Charge to in-house participants and members of Chapter's Sponsor Firms

Overview (Program Summary)

Do you remember telling a teacher that you didn’t have your homework because the dog ate it? Using a cyberattack as an excuse for the unauthorized disclosure of your legal advice may be about as effective, and can also result in an ethics inquiry into violations of the duty of confidentiality. Worse, the report of the technical consultant you engaged to investigate and remediate the attack may not be subject to privilege if appropriate protections were not in place before the report was prepared.  In the wake of seemingly weekly cyberattacks and data breaches, this non-traditional and interactive discussion will address ethical challenges of practicing law across electronic frontiers as cybercrime increases exponentially, including:

  • How to satisfy the ethics requirements of technological knowledge, competence and the ability to explain technical challenges to the Board and C-Suite (i.e., your client).
  • The relationship between cybersecurity controls and the requirements of reasonable care to keep legal advice confidential.
  • Engagement of technical consultants following a cyberattack or data breach in a way that maximizes the availability of privilege regarding the consultant’s reports and communications.
  • Protecting communications across national borders within which privilege laws may differ significantly from those in the U.S.

Interest Area(s): Compliance and Ethics

Speakers

KENNETH RASHBAUM, Partner, Barton LLP

Moderator: CATHERINE QUINLAN, 2nd VP Chapter & Sr. Counsel, IBM  

Notes

Note that time of CLE could be changed slightly. Will advise registrants and update site.

CLE

Credits: 2
State: NY CLE - accepted in NJ CT & other states accepting NY CLE Credit
Category: Ethics & Professionalism
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