Like it or not, artificial intelligence is not going away and it’s evolving—quickly.  While AI talk has been brewing for quite some time, many of us assumed AI’s direct effect on our business was still years off.  But over the last year the pace of development and use has accelerated exponentially and it is

Joint representations can present a host of ethical issues for lawyers to navigate including what to do with the clients’ file upon termination of the representation. The NYSBA’s Committee on Professional Ethics recently issued Opinion 1249 which explains that in a joint representation, the presumption is that the lawyer will share confidential information received from

On Monday, the Supreme Court dismissed the writ of certiorari as improvidently granted in In re Grand Jury, a case that had potentially significant consequences for federal common law attorney-client privilege. Oral argument in the case was heard on January 9, 2023. The case hinged on which test should be used to determine whether

A Special Master has ordered Google to turn over supposedly “privileged” documents at issue in an NLRB dispute with former employees.  Whether it is upheld in this high-profile litigation or not, the ruling points out some significant misconceptions about privilege (and work product) held by many clients and some attorneys.

Anti-union campaign advice does not

Here’s a newsflash:  you can’t defend yourself against a client’s bad online review by revealing client confidential information, as the ABA Ethics Committee reminded us in an opinion last week.

We’ve recently reported on the Oklahoma lawyer who was disciplined for his rogue consultant’s conduct in connection with an online review; a New Jersey lawyer

We’ve noted before that just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not “generally known.”  The two concepts — public availability and being “generally known” —  are not the same, as a New Jersey lawyer learned

Disclosing client information on Facebook has gotten yet another lawyer in trouble.  A Massachusetts attorney was publicly reprimanded earlier this month for posting details of a guardianship case on the social media site, in violation of the Bay State’s version of Model Rule 1.6 (“Confidentiality of Information”).  The Board imposed a public reprimand, rejecting an

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

Many litigation lawyers know about the “litigation privilege” (sometimes called the “judicial privilege”).  The doctrine operates to immunize lawyers from liability for statements  made during the litigation process that are related to the litigation, even if they injure an opposing party.  (Here’s a 2015 Hofstra Law Review article that provides an overview.)

But lawyers