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ETHICAL RISKS FROM THE USE OF TECHNOLOGY

Center for Advanced Legal Studies, Suffolk University Law School
New York City Bar and Suffolk Law's Greater New York Alumni Chapter

Please Note: This course has already been held.

Date: Thursday, January 26, 2006

Location: City Bar Center for CLE42 West 44th Street, New York, NY
Time: 05:00 PM - 07:00 PM

Faculty
Schedule/Agenda
Registration Information

Most lawyers have become so comfortable with computers that they sometimes forget to consider the risks involved, both for them and their clients. These risks range from the everyday hassles of e-mail spam to the much more serious ethical dangers of betraying client confidentiality or a client’s improper retention of documents. If you are not aware of the potential hazards inherent in the use of computers to your clients and practice, you should attend this program.

This program will give you a fresh look at how you are using your computer. From the basic issues of protecting data and your computer to the more advanced issues of controlling digital data, you will learn from the perspectives of academics, who teach intellectual property and professional responsibility, and a litigation partner.

This program will benefit solo and small firm practitioners who don’t have IT staff to advise them. It will also help lawyers in big firms to identify issues about which IT staff might not be aware. Don’t take the chance of relying on your computer consultants to know about the possible violations of the rules of professional conduct. Learn how to minimize the risks and about the reasonable actions you can take to avoid violating the rules.

Attend and Learn:
  • How to protect your computer and your digital data
  • What happens to deleted email
  • When you can be sanctioned for failing to produce electronic discovery
  • What metadata is and how it can get you into trouble
  • The effects of inadvertently disclosing privileged electronic information

  F A C U L T Y

  Professor Andrew Beckerman-Rodau, Chair
  Co-Director of IP Law Concentration, Suffolk University Law School
   
  Jeffrey A. Fuisz
  is a partner in Kaye Scholer’s Litigation Department and is resident in the firm’s New York office. He represents clients in a broad range of litigation with a focus on complex commercial disputes and bankruptcy-related litigation. Mr. Fuisz has been lead counsel in jury and bench trials in both state and federal courts and has broad experience in all phases of litigation. He brings specialized expertise in the use of technology in the litigation process, including management of discovery and courtroom presentations. Mr. Fuisz is a co-author (with David Klingsberg) of a chapter, entitled “Techniques for Expediting and Streamlining Litigation,” published in the Second Edition of Commercial Litigation in New York State Courts. He lectures annually on litigation involving complex financial derivatives at Fordham University School of Law, is a member of the Association of the Bar of the City of New York’s Committee on State Courts of Superior Jurisdiction and is a former member of the Association of the Bar of the City of New York’s Professional and Judicial Ethics Committee. Attorney Fuisz received his J.D. from Georgetown University Law Center and his B.A. from Georgetown University.
   
  Andrew Perlman
  is an associate professor of law at Suffolk University Law School. He is admitted to practice in Illinois. After graduating from Harvard Law School, Professor Perlman clerked for a federal district court judge in Chicago. He then practiced as a litigation associate with the Chicago firm of Schiff Hardin & Waite, where he worked on a range of cases, including products liability and contracts disputes. Professor Perlman subsequently became an associate-in-law at Columbia Law School, where he taught legal research and writing, conducted research on professional responsibility issues, and received his LL.M. Professor Perlman has authored a number of articles on legal ethics, including a recent piece on the inadvertent disclosure of privileged information.
   
  S C H E D U L E / A G E N D A

5:00 WELCOME & INTRODUCTIONS

5:05 SECURING CLIENT DATA-ETHICAL OBLIGATIONS
  • Risks from Using Digital Data
  • Securing Data
Professor Andrew Beckerman-Rodau



5:50 E-DISCOVERY
  • How to Extract Data
  • When Do You Have to Turn It Over
  • Real Life Impact of Ethical Rules on Your Cases
Attorney Jeffrey A. Fuisz



6:10 THE ETHICS OF INADVERTENT DISCLOSURE IN THE METADATA CONTEXT
  • The Effect of Inadvertent Disclosure on the Attorney-Client Privilege
  • Ethical Duties of the Receiving Lawyer
  • Issues Concerning the Use of “Scrubbing” Software: Spoliation and Notification
Professor Andrew Perlman



6:40 PANEL DISCUSSION

6:50 Q & A

7:00 CONCLUDE
You are invited to attend a cocktail reception immediately following the conclusion of the course. The reception is sponsored by the Greater New York Alumni Chapter of Suffolk University Law School.



  G E N E R A L   I N F O

Date:  

Thursday, January 26, 2006

Tuition:  

$335.00; $195.00 for members of the New York City Bar and Suffolk Alumni.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

City Bar Center for CLE42 West 44th Street, New York, NY



Credit:  

Approved for CLE Credit in NY, RI, NH, VT & ME. This course is approved for 2 hours of Ethics Credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.






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