Liability for Failure to Report Misconduct

Many professionals are bound by a code of professional conduct.  Sure, we have to play by the rules but those rules may require that we ensure others do as well. In a recent opinion, the Supreme Court of Ohio Board of Professional Conduct considered the circumstances in which an attorney is required to report rule violations by others.  The Board addresses two specific questions in its opinion: (a) whether a lawyer prosecuting a malpractice case is obligated to report the defendant lawyer to the …

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Liability for Hacked Emails?

Professionals depend on third-party email services to operate their business.  As a result, professionals may assume that the vendor is safeguarding their electronic information and therefore the professional is not exposed. False. Consider an attorney sued recently for malpractice arising from an e-mail hacking scam.

A New York real estate attorney‘s e-mail account was hacked recently. The attorney was hired to represent wealthy clients in the purchase of a multi-million dollar condo.  When the hackers gained access to the attorney’s email account, they identified …

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Cyber Risks for Contractors

Professional have become increasingly reliant on digital technology to run their practices.  This digital revolution has reshaped the way that many professionals operate and has allowed professionals to better service their clients.  At the same time, reliance on technology has created new areas of exposure for professionals.

A recent report from Chubb analyzed how this technological revolution has reshaped the construction industry.  Under the traditional design-bid-build process, a project would be designed by architects under a separate contract with the owner, and then put out …

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Ethics of Disclosing Client Identity in Advertising

Professionals love to advertise success stories. We want would-be clients to know the results we achieved for current clients. However, publicizing specific results could lead to the disclosure of confidential information. Professionals therefore must be cognizant of whether advertising a particular case or representation is likely to cause embarrassment or harm to the client, and ensure client confidentiality.

The New York State Bar Association Committee on Professional Ethics recently issued an opinion regarding the ethics of client confidentiality in advertising.  The Committee considered a scenario …

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Facebook + FMLA Leave = Termination

Had a great vacation? Post it on Facebook. Fun surfing? Post that too. Swam some laps while on FMLA leave due to a shoulder injury? You should probably keep that one to yourself. Employers continue to struggle with balancing their own marketing interests with the interests of employees in maintaining a social media presence. Of course, an employee’s use of social media may not always comport with an employer’s interests as identified in its social medial protocols or otherwise conflict with accepted practices. Take for …

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Professional Liability for Drone Operators

Unmanned aircraft, more commonly known as drones, are becoming increasingly popular in the civilian market.  Advances in technology have made drones easier to fly and have expanded their utility for recreational users.  Businesses likewise view drones as a new tool to increase their operations and bring new value to consumers.  For instance, Amazon, recently unveiled its plans to use drones to make same-day deliveries to customers. But what liability issues await?

The rise in drone use has also prompted a demand for professional drone services. …

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Judicial Criticism Leads to One Year Ban

Professionals are passionate about their work. Consequently, professionals may become discouraged when they receive an unfavorable result.  Professionals must be cautious in the manner in which they respond to bad outcomes, however.  Taking to public forums to criticize a decision could result in a violation of rules of professional conduct and lead to personal liability.

A recent ethics decision from the Supreme Court of Louisiana highlights the ethical implications of failing to abide by professional standards of decorum.  The case related to a family law …

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Social Media Ethical Considerations

You love blogging. Who doesn’t? For some professionals, blogging is an important part of education, outreach and networking. But, as we’ve discussed previously, blogs may be considered advertising and, if so, ethical considerations apply. The State Bar of California Standing Committee on Professional Responsibility recently circulated a proposed opinion for public comment that addresses the ethical implications of blogging by attorneys.  The opinion considers when a communication subject to the Rules of Professional Conduct on attorney advertising.

The opinion sets forth several situations involving attorney …

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Dual Representation Risks Waiver of AC Privilege

Professionals must communicate clearly with clients regarding the existence and scope of the professional-client relationship.  This is especially true for general counsel, who represent a company but also interact with its employees. We discussed these issues here in the context of the Penn State/Sandusky scandal two years ago but lingering issues remain which highlight the risks of dual representation.

As you undoubtedly know, the Pennsylvania Office of Attorney General began investigating allegations of sexual abuse at Penn State in 2009. The AG convened a statewide …

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Liability for Failing to Prevent Cyber Risk

Cyber liability threats continue to pose a danger for companies and professionals.  In order to help mitigate the damages of cyber breaches, businesses are becoming increasingly reliant on third-party security vendors to provide cyber consulting and to manage their data security risks.  While prioritizing data security is an important step for firms to take to minimize their own exposure, it is not always possible to eliminate threats entirely.  And when breaches do occur, businesses and their customers may look to hold these third-party data security …

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