by PeterK

NY lawyers may not disclose that the client has been reading the opposing party’s client-lawyer e-mails

November 15, 2012 in E-mail, New York by PeterK

New York lawyers should not disclose client’s admission that client reading spouses e-mail with opposing counsel unless lawyer knows that such conduct is criminal or fraudulent. NY State Bar Assn Comm on
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by PeterK

Carrier IQ and security of certain mobile devices

November 30, 2011 in Cellular phones, Confidentiality, E-mail, Electronic Files, Internet Use, Privacy, Security by PeterK

An interesting, perhaps troubling, issue raised with respect to security of certain mobile devices. Read more about Carrier IQ  (http://www.geek.com/articles/mobile/how-much-of-your-phone-is-yours-20111115/, http://androidsecuritytest.com/features/logs-and-services/loggers/carrieriq/carrieriq-part2/, http://www.wired.com/threatlevel/2011/11/secret-software-logging-video.  A somewhat long video of how this works
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by PeterK

Pennsylvania Lawyers Should Consult With Client Regarding Receipt of Errant E-mail

July 11, 2011 in Attorney-client privilege, Confidentiality, E-mail, Pennsylvania by PeterK

A lawyer who is mistakenly copied on an e-mail between opposing counsel and their client, must notify the sender and consult with the lawyer’s own client in deciding whether and
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Unauthorized Activation of Auto-Forwarding is “Interception” Under Wire-Tap Act

February 16, 2011 in E-mail, Electronic Files by

The Seventh Circuit in U.S. v. Szymuszkiewicz affirmed conviction of an IRS agent who had put a rule in his boss’s Outlook that forwarded a copy to him of every
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Autocomplete Causes Misdirection: Court Disqualifies Recipients

January 3, 2011 in Attorney-client privilege, California, Confidentiality, E-mail, Internet Use, Privacy by

The story with a link to the court’s order disqualifying the lawyers who read the misdirected e-mail is here.

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California Issues Ethics Opinion on Confidentiality and the Use of E-mail and Technology To Transmit Client Information

December 26, 2010 in Attorney-client privilege, California, Cloud, Confidentiality, E-mail, Internet Use, Privacy, Rules of Conduct, Security by

California Formal Opinion 2010-179 outlines the lawyer’s duties when transmitting or storing confidential client information when the underlying technology may be susceptible to unauthorized access by third parties. An attorney’s
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Proposed Texas Rule of Civil Procedure: The Internet is Off Limits, Too, Jurors!

December 16, 2010 in E-mail, Ex Parte Communications, Internet Use, Rules of Conduct, Social Networking, Texas by

An article and link to the proposed amendment to emphasize that communication about a case is off limits whether on the Internet or not is here. Trial lawyers should consider
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McCain Palin Learn Blackberries Contain Confidences

December 15, 2008 in Confidentiality, E-mail, Electronic Files by

We’ve noted here repeatedly that lawyers must safeguard client confidences, and so this story from CNN caught my eye: their campaign sold off a bunch of Blackberries to recoup some
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