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ISSUE 138 | SEPTEMBER 2019 Malpractice Prevention Education for Oregon Lawyers PLF UPDATES Message from the CEO By Carol J. Bernick, PLF Chief Executive Officer After five of the most professionally satisfying years of my career, I am leaving the PLF in the next few months. I am re-joining my former colleagues at Davis Wright Tremaine. I will serve as a strategic partner in a variety of ways, with a focus on mentoring, training, and career development of associates, especially women and lawyers of color. Closing the gender and race gap present in the partnership track of large law firms has been a passion of mine my entire professional life. The opportunity to have a real impact is too important for me to pass up. Yet the decision to leave the PLF was not easy: the quality of work performed by the entire staff is its hallmark. It has been my privilege to work with the PLF’s talented and dedicated staff and defense panel and to witness the impact the PLF has on Oregon lawyers. I thank the PLF Board and everyone at the PLF for giving me this opportunity. Because of your dedication, I am confident that the PLF will continue to serve Oregon lawyers well for years to come. PLF Chief Executive Officer Position The Professional Liability Fund is seeking a new CEO with a desired start date of December 1, 2019. As an independently managed subdivision of the Oregon State Bar, the PLF has a staff of 50 and annual budget of $28 million. Reporting to the PLF’s board, the CEO provides strategic leadership and management for the PLF. Primary responsibilities include policy development, personnel management, claims management, overseeing the budget and investments, and cultivating relationships with the PLF’s stakeholders. Preference will be given to Oregon lawyers with management and litigation experience. The successful candidate must possess excellent communication skills and be able to lead the organization in a collaborative but decisive way, instilling confidence in all stakeholders. In addition to the uniquely rewarding nature of the job, we offer a competitive salary and excellent benefits, including participation in Oregon PERS. The deadline to apply is October 16. For a complete position profile and instructions on applying, visit the PLF website at www.osbplf.org, and click on Job Opportunities under About PLF. EQUAL OPPORTUNITY EMPLOYER TABLE of inBRIEF IS PUBLISHED BY The Professional Liability Fund CONTENTS Carol J. Bernick Chief Executive Officer LAW UPDATES EDITORS Business Breakups: Terminating Ownership Interests .................6 Tanya Hanson, Loss Prevention Attorney in Closely Held Businesses [email protected] Settlement Conferences and “Settler’s Remorse” ...........................9 and Barbara S. Fishleder, Service on Attorney General Is a Necessary Step in .....................11 Director of Personal and Practice Management Assistance Filing Claims for Abuse of Vulnerable Person phone: 503.639.6911 toll-free: 1.800.452.1639 www.osbplf.org PLF UPDATES PROFESSIONAL LIABILITY FUND Message from the CEO....................................................................... 1 BOARD OF DIRECTORS AND OFFICERS Saville W. Easley PLF Chief Executive Officer Position ............................................... 1 Portland Chair ABA TECHSHOW ...............................................................................3 Molly Jo Mullen Portland Vice Chair Tom Newhouse LAW PRACTICE Portland Secretary-Treasurer, Public Member Protect Your Data by Using Encryption ...........................................3 Robert S. Raschio Canyon City Tips, Traps, and Resources ............................................................. 12 Holly N. Mitchell Portland Megan I. Livermore Eugene Susan Marmaduke Portland Gina Anne Johnnie Salem Patrick Hocking Medford Public Member DISCLAIMER This material is provided for informational purposes only and does not establish, report, or create the standard of care for attorneys in Oregon, nor does it represent a complete analysis of the topics presented. Readers should conduct their own appropriate legal research. The information presented does not represent legal advice. This information may not be republished, sold, or used in any other form without the written consent of the Oregon State Bar Professional Liability Fund except that permission is granted for Oregon lawyers to use and modify these materials in their own practices. © 2019 OSB Professional Liability Fund. 2 inBRIEF | Malpractice Prevention Education for Oregon Lawyers | www.osbplf.org PLF UPDATES ABA TECHSHOW February 26 - 29, 2020 Register with PLF Discount Code The ABA TECHSHOW Conference and EXPO is the Hyatt Regency Chicago for ABA TECHSHOW, the where lawyers, legal professionals, and technology all best conference for bringing lawyers and technology come together. For three days, attendees learn about together. the most useful and practical technologies available. The variety of CLE programming offers a great deal of SAVE ON REGISTRATION FEES education in just a short amount of time. Use the Professional Liability Fund Program But there’s more to ABA TECHSHOW than the Promoter Code EP2008 to receive an exclusive educational programs; attendees also get access to the discount on the standard registration rate. EXPO Hall, where legal technology vendors are eager Visit www.techshow.com for details. to demonstrate their helpful products and services. Large group discounts are available. Contact Lyndsey Touch, Talk, and Test your way through more than at [email protected]. 100 technology products. For more information, visit: www.techshow.com. Mark your calendars for February 26-29, 2020, at LAW PRACTICE Protect Your Data by Using Encryption By Hong Dao You may need technical assistance with implementing both types of usage. This article is a continuance of our cybersecurity series. It focuses on encryption as a way to protect Encryption protects two types of data: in transit and your data from physical loss or cyberattacks. at rest. Data in transit refers to data moving between browsers, via emails, and through the cloud. Data at Encryption is a critical step in adopting and rest is data stored on computer hard drives, servers, implementing a security policy in any law office. It databases, and mobile devices. Lawyers deal with both transforms information so it is unintelligible to an types of data. This article will focus on hard drive, file/ unintended recipient. It uses specific algorithms to folder, smart device, cloud, and email encryption. scramble the data into jumbled unreadable codes. The recipient needs to unscramble the data using an FULL DISK ENCRYPTION – ENCRYPTING encryption key in order to decrypt the information. COMPUTER HARD DRIVE You do not need to know how encryption technically Your computer contains client information as well as works to use it. Your “usage” of encryption typically your personal information that you want to protect involves turning on the native encryption program from unauthorized access. If the computer is lost, built into your computing devices. Or it may involve stolen, or hacked, there is a high risk that the data downloading and following instructions to install and will be compromised if it’s not secure. Encrypting set up a third-party encryption software program. the entire hard drive on your computer (called full ISSUE 138 | SEPTEMBER 2019 3 disk encryption) ensures that no one can access computer. Limited encryption provides another anything on it. The encryption makes all data on your layer of security on your encrypted hard drive. It computer unreadable unless it is decrypted with a key addresses a concern with the full disk encryption: (password) that only you have. the hard drive is not always encrypted. When a user turns on the computer and enters the decryption key Computers running on Microsoft Windows have (password), the entire drive is decrypted. It remains a free built-in full disk encryption program called decrypted until it is turned off or logged off again. BitLocker Drive Encryption. They also have Bitlocker During the time the computer is turned on and in to Go that can be used to encrypt external drives its decrypted state, your data is vulnerable if left like USB flash drives and other portable hard unattended. Limited encryption helps make those drives. However, both Bitlocker programs are only files inaccessible during that period. available in the Professional or Enterprise editions of Windows 8 or 10, or the Ultimate version of Windows For those looking for extra security by encrypting 7. (Beginning January 14, 2020, Microsoft will no selected files and folders, you have a few options. longer support Windows 7. Computers running on • Windows Users unsupported operating systems are more vulnerable to malware and other types of attacks.) Windows has an encryption method called “encrypting file system” (EFS) that allows Instructions to turn on BitLocker are available on the users to encrypt files or folders. EFS is only Microsoft website here: https://support.microsoft. available on Professional and Enterprise com/en-us/help/4028713/windows-10-turn-on-device- editions of Windows. More information on how encryption. Once BitLocker is enabled with a strong to use this feature is available here: https:// password or passphrase, the contents of the hard drive www.thewindowsclub.com/encrypt-files-efs- are automatically encrypted when the authorized user encryption-windows-10. logs off and are decrypted when the user logs on. • Mac Users Most of us buy
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