Ethical Obligations in Data Security: Significant Compliance Practices
Data security continues to be a significant issue of concern for many businesses. Class actions continue, and standing to sue can be based on minimal harm. It is important that the lawyers advising businesses, and businesses themselves, be well-versed in new developments and updates surrounding the ethical obligations in the data security landscape. This presentation will address important ethical considerations arising from the duty of competence and duty of confidentiality to employ reasonable efforts to address data security. The program will cover best practices for cyber security incident planning, and will provide updates on recent cases on cyber-insurance coverage. The program will also survey recent decisions involving attorney client privilege and work product in the cyber security context. We will also address recent ethics opinions on cyber security, including one opinion covering of the right to be forgotten under the GDPR and California’s Consumer Privacy Act.
Panelist Carole Buckner will bring the audience beyond the basics of ethical obligations in data security with practical and tactical tips. She will provide in-depth analysis of current ethical guidelines and practical and strategic tips for best practices in the evolving cybersecurity landscape.
Some of the major topics that will be covered in this course are:
- Standing in Class Action Cases
- Ethics and Data Privacy – Fundamentals on Competency and Confidentiality
- Lawyers’ Ethical Obligations in Protecting Client Data
- Practical planning for Cyber Incident Response
- Attorney Client Privilege and Work Product
- The Right to be Forgotten
- Tips and Strategies
- Best Compliance Practices
- What Lies Ahead in 2019
Procopio, Cory, Hargreaves & Savitch LLP
- Recent cases regarding standing in class actions to seek damages for data breaches show that cybersecurity continues to be a major issue of concern for businesses.
- Lawyers have an ethical duty to address cybersecurity in a competent manner according to ethics opinions.
- Addressing cybersecurity requires consideration of cyber insurance and being prepared to handle a cyber security incident with a viable response plan.
- Any incident response plan should consider attorney client privilege and work product issues.
- Requests to be forgotten should also be handled in an appropriate manner considering ethical guidance.
Who Should Attend:
- Cybersecurity Professionals
- Internet Lawyers
- Privacy and Data Security Lawyers
- Ethics and Compliance Managers
- Legal Advisors
Carole serves as the General Counsel to Procopio, Cory, Hargreaves and Savitch, LLP, and a member of the firm’s risk management team. Her law practice focuses on legal ethics, professional responsibility, and the law of lawyering, including advising lawyers and rendering opinions as an expert witness. Carole has an extensive background in business litigation and also served as a former federal prosecutor in the Central District of California. She has written and spoken on many aspects of legal ethics, and serves on legal ethics committees. Carole graduated with her J.D. degree from the University of California Hastings College of Law and holds a B.A. with Honors from the University of California-Berkeley. She is a Martindale-Hubbell AV-rated attorney.
Print and review course materials
Method of Presentation:
Experience in legal ethics or data privacy laws
NY Category of CLE Credit:
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About Procopio, Cory, Hargreaves & Savitch LLP
Procopio is an AmLaw 200 full-service business and litigation law firm committed to thoughtful problem solving and improving your bottom line. With more than 170 attorneys and offices in downtown San Diego, Del Mar Heights, Silicon Valley, Las Vegas and Phoenix, Procopio has the flexible infrastructure to support both small to mid-sized companies and large multinationals at every stage of the business life cycle. Procopio’s global reach across Asia and Latin America further expands the firm’s international partnerships and cross-border capabilities. Learn more at Procopio.com.