In a narrow ruling last month by a sharply-divided West Virginia high court, a law firm escaped liability for failing to prevent a phishing/spoofing scheme that resulted in more than $266,000 in closing funds being wired to scammers, after they impersonated plaintiffs’ real estate agent. The opinion is part of the developing law on lawyer
cybercrime
Malpractice suit for document hack that exposed client info can proceed, D.C. district court says
By Karen Rubin & Thomas F. Zych on
Posted in Malpractice, Social Media and Internet
A prominent Chinese dissident may proceed with his malpractice case against a law firm based on allegations that the firm failed adequately to protect his personal data from hackers, a Washington, D.C. district court said in an opinion on February 20. In his $50 million suit, the plaintiff, Guo Wengui, alleges that after he retained…
Do we need a new “data-breach privilege”? Thoughts on the Sedona Conference proposal
By Karen Rubin & Thomas F. Zych on
Posted in Privilege, Work-product
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…