Bowman on Representing the Entity Client: A matter governed by Hawaii Rules of Professional Conduct 1.13

Hawaii Rule of Professional Conduct 1.13, Organization as client, guides lawyers whose rendition of professional legal services to organizational clients. In this commentary Addison M. Bowman addresses the identity of the client, the question of joint representation, the rule of client-lawyer privilege...

Lauer on Hotlines and the Role of Privileged Communications

Read Steve Lauer's analysis on how the confidentiality that often attaches to reports received over a corporate whistleblowing hotline, on account of legal requirements or by virtue of a corporate policy or practice, does not equate with either the Attorney-Client Privilege or the Attorney Work Product...

New Year's Resolution: Protect Your Confidential Shipping Data at U.S. Ports of Entry

Information that your business believes is confidential, including foreign product sources and distribution, is not necessarily treated confidentially at U.S. ports of entry. This article explains how, with a bit of planning, the confidentiality of shipping data can be enhanced. Among its various...

Protect Your Confidential Shipping Data at U.S. Ports of Entry

Information that your business believes is confidential, including foreign product sources and distribution, is not necessarily treated confidentially at U.S. ports of entry. In this Commentary, Michael M. Ratoza explains how, with a bit of planning, the confidentiality of shipping data can be enhanced...

Protect Your Confidential Shipping Data at U.S. Ports of Entry

Information that your business believes is confidential, including foreign product sources and distribution, is not necessarily treated confidentially at U.S. ports of entry. In this Commentary, Michael M. Ratoza explains how, with a bit of planning, the confidentiality of shipping data can be enhanced...

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation services). The presentations were high quality. There...

LexisNexis® Legal News Podcast for July 14, 2011 - Settlement Communications In BP Oil Spill MDL Cases To Remain Confidential

U.S. Judge Carl J. Barbier of the Eastern District of Louisiana says that settlement communications in the Gulf of Mexico oil spill cases are to remain confidential, and, a $3.5 million punitive damages award is vacated in an auto-worker's discrimination lawsuit. Hear these and other stories from...

NCOIL Urges States to Protect Confidentiality of Workers Comp Information

Santa Fe, NM - Insurance legislators today called on fellow state policymakers to protect the privacy of employers’ workers’ compensation insurance information submitted to state agencies. Legislators took action here at the 2011 Annual Meeting by unanimously adopting a Resolution Regarding...

Supreme Court Affirms Chancery in Vulcan/Martin Marietta Hostile Contest

Posted by Francis Pileggi Vulcan Materials, Inc. v. Martin Marietta Materials, Inc. This is a Delaware Supreme Court ruling from the bench on May 31, 2012 involving the penalty imposed on a hostile bidder for breach of a confidentiality agreement entered into during amicable negotiations. We previously...

Attorneys' Eyes Only Expert Reports Sealed From Public Scrutiny

The law presumes that the public should have access to judicial records . This presumption stems from both common law and First Amendment concerns and may be abrogated only in unusual circumstances. Fourth Circuit case law indicates that a district court can seal court documents if competing interests...

William A. Ruskin: The Confidentiality Of Mediation In New York May Not Be Assured

By William A. Ruskin New York mediator, Richard S. Weil , poses the question in his New York Law Journal article, dated October 25, 2012, "Is Mediation Confidential in New York?" As Mr. Weil observes, confidentiality is a critical element in a mediation. Confidentiality allows participants...

Unpub. BIA Asylum Victory; China; Breach of Confidentiality

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the confidentiality requirements at 8 C.F .R. §...

Internal Investigations: NLRB Suggests Confidentiality Language

In July 2012, the National Labor Relations Board held that a blanket approach and policy requiring confidentiality during all internal workplace investigations violates employees' concerted activity rights under Section 7 of the National Labor Relations Act (NLRA). As a result, employers were...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we now...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we now address...

Delaware Arbitration Procedure Unconstitutional

So there you have it. Just hit PACER Wednesday (h/t KWC). Here's the opinion ( DCOGvStrine ) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Lengthy exploration of civil trials and arbitrations in the opinion. I'm reading now... From the opinion: Finally,...

Federal: Facebook Comment Regarding Injured Worker’s Medical Condition May Subject Employer to Liability under ADA

A federal district court has refused to dismiss a civil action filed against a company by a former employee who claimed that a former coworker, who processed workers’ compensation claims for the company, violated § 102 of the Americans With Disabilities Act’s by posting a derogatory...