Being in the cross-hairs of a client’s legal malpractice claim is a horrible-enough experience for any lawyer. Even worse would be if your house had to be sold in order to satisfy the former client’s default judgment against you, as the Seventh Circuit ordered in a case earlier this month. The opinion spotlights how state
Do we need a new “data-breach privilege”? Thoughts on the Sedona Conference proposal
The outlines of the attorney-client privilege and work-product doctrine are well-established. But how should they apply when an organizational client suffers a cybersecurity event or other intrusion that results in a data breach? Should information about the company’s security policies pre-breach and its post-breach response be given any enhanced protection? Under what circumstances?
The questions
Keeping up with the Joneses: Should the Rules of Professional Conduct bend for in-house lawyers?
In-house attorneys face unique situations when it comes to client relationships and job responsibilities. But when it comes to ethical obligations, the Model Rules don’t recognize any difference between lawyers who work in-house and others. Model Rule 1.0(c) defines “law firm” to include lawyers employed “in the legal department of” an organization, and it has
Litigation-funding agreement “champertous” and unenforceable, MN appeals court rules
Third-party litigation funding is a growing and, some say, controversial industry. We’ve written before about whether such arrangements are permitted under state ethics rules (here), and we reported on the first effort to mandate disclosure of third-party funding via federal court rule (here), as well as the first state statute requiring