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Author Archives: Nicole Black

Legal Loop: 2020 Holiday Gift Guide for lawyers

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2020 has been quite the year, and it’s been anything but easy. No doubt, you’re ready for this unprecedented year to end so that we can look forward to a new, hopefully much less eventful 2021. In the meantime, the ...

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NYC Bar on the ethics of lawyers appearing in court during the pandemic

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In October, I wrote about an opinion issued by the New York State Bar that addressed the ethical issues presented when a lawyer sought to withdraw as counsel due to health-related concerns regarding in-person court appearances during the pandemic. As ...

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Case shows why lawyers must encrypt e-communications

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Whenever your firm’s employees work remotely during the pandemic (and beyond), electronic communications will increase out of necessity. If those communications aren’t encrypted, you run the risk of inadvertently disclosing confidential client data. That’s why it’s imperative that your firm ...

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Legal Loop: Can the pandemic provide an excuse for sanctionable conduct?

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As we enter our ninth month of the pandemic and COVID-19 numbers are surging across the country, lawyers and judges alike are bracing for newfound full or partial shutdowns. If and when the shutdowns occur, our court systems will undoubtedly ...

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Legal Loop: Should you copy clients on emails to opposing counsel?

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As a result of the pandemic, lawyers are working remotely now more than ever before. This means that out of necessity, in-person meetings are far less common during the pandemic, and lawyers are increasingly relying on email to communicate with ...

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Does Facebook have an obligation to prevent murder?

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These days, we spend a lot of time online — probably more than we should. And for most of us, especially during the pandemic, a good percentage of our after work downtime occurs on social networks. We share (and sometimes ...

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New York on withdrawing as counsel due to COVID-related fears

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In New York, court appearances have been sharply curtailed at times due to the pandemic. Online court appearances have become commonplace out of necessity and have been surprisingly well-received, especially by some members of the judiciary. That being said, in-person ...

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California Bar on ethical obligations in the event of a cyberattack

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Now that more lawyers are working remotely than ever before, cybersecurity has become a top-of-mind issue. This is because most businesses, including law firms, were not prepared for the unexpected shift to remote working, and as a result, bad actors ...

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Colorado Bar on ethical obligations in a data breach

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When the pandemic hit, most lawyers began to work from home, oftentimes exclusively. Many continue to do so today out of necessity or preference. As a result, practicing law virtually is a newfound reality and many law firms have begun ...

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Michigan Bar weighs in on technology competence for lawyers

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Technology competence has been an ethical requirement for lawyers in many jurisdictions for years now. Specifically, ethics committees have generally required that lawyers take steps to ensure that they have a sufficient understanding of the technologies available to them so ...

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In memory of Justice Ginsburg — and Justice O’Connor

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Regular readers of this column know that, for the most part, this is a legal technology column. For more than a decade now, I’ve used this forum, and my background as a litigator, to share my thoughts and advice for ...

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Law firms and technology post-COVID: The latest statistics

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It’s hard to believe that the pandemic has been with us for nearly 6 months now, and will likely be around for months — or even years — to come. While it’s hard to predict when the pandemic will end, one thing ...

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