With cybersecurity threats a top corporate concern implicating regulatory compliance and litigation risk, Hogan Lovells is proud to be one of the sponsors of the ABA National Institute on Cybersecurity, to be held at Fordham Law School in New York on Tuesday, February 23rd.
On August 3, at the ABA Annual Meeting, the ABA Section of Administrative Law and Regulatory Practice held a panel moderated by Hogan Lovells privacy leader Chris Wolf entitled “Privacy Law in 2012: Where We Are and Where We Are Going.” The article below, reprinted with permission from ABA Now, describes thoughts of the panelists on the future of privacy in the US and in Europe.
In a just-published article for the American Bar Association Antitrust magazine entitled “So Close Yet So Far, The EU and US Visions of a New Privacy Framework.” available through a link in this blog entry, Hogan Lovells Privacy partners Winston Maxwell (Paris) and Chris Wolf (Washington) compare and contrast the pending proposals on both sides of the Atlantic for improvements to the privacy frameworks.
The American Bar Association (ABA) is proposing to make clear that the protection of a client’s data is an ethical responsibility of lawyers. The Commission on Ethics 20/20 of the American Bar Association recently released its Report to the House of Delegates recommending several modifications to the ABA Model Rules of Professional Conduct regarding lawyers’ use of technology and protection of client confidences, including a Rule that requires lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to information relating to the representation of a client.
Employers have a right, and in some cases a duty, to monitor the e-mail communications of their employees that are sent from the employer’s e-mail system. As a general matter, employees have no expectation of privacy in e-mails sent through their workplace system. Since employees who communicate with their personal lawyers through their employer’s e-mail are subject to employer monitoring, the American Bar Association has issued a formal ethics opinion stating that lawyers have a duty to warn such employees that their e-mails may not be confidential.
The D.C. Circuit Court of Appeals has dismissed as moot a lawsuit challenging the applicability to lawyers of the “Red Flags Rule,” which requires financial institutions and creditors to implement identity theft prevention programs. The organized Bar had challenged the applicability of the Rule to lawyers and had won in the lower court. Since the Red Flag Clarification Act recently passed by Congress would exempt most lawyers from coverage under the Rule, the Court found that litigation no longer is necessary or appropriate.
On December 1, Judge Reggie Walton of the U.S. District Court for the District of Columbia issued a memorandum opinion in a lawsuit by the American Bar Association against the Federal Trade Commission, explaining his October 29 ruling from the bench that the FTC’s Red Flags Rule does not apply to lawyers. Holding that "[e]ven a […]
The American Institute of Certified Public Accountants (AICPA) on Tuesday filed a lawsuit against the Federal Trade Commission (FTC) challenging the applicability of the agency’s Red Flags Rule to Certified Public Accountants. This comes on the heels of district court ruling in a lawsuit brought by the American Bar Association (ABA) reported here that the regulations do not apply to lawyers.