SHERMAN & HOWARD L.L.C. Hot Topics in Professional Responsibility May 6, 2015 Presented by: Anthony E. Davis Lawyers for the Profession® Practice Group of Hinshaw & Culbertson LLP SHERMAN & HOWARD L.L.C. Hot Topics in Professional Responsibility May 6, 2015 Table of Contents 1. Outline 2. Anthony Davis’ “Bio” A. AN UPDATE ON CYBER RISKS 3. Sarah Green, Do Millennials Believe in Data Security?, Harvard Business Review, February 18, 2014 4. Steven M. Puiszis, How to protect yourself from spear phishing - protect yourself against identity theft and you are also protecting the Firm. Top ten tips, Hinshaw & Culbertson LLP, March 26, 2014 5. This USB Drive Can Nuke a Computer, Matt Burns (@mjburnsy), Posted Mar 12, 2015, Techcrunch.com 6. New York County Lawyers Association Committee on Professional Ethics, Op. 748, The ethical implications of attorney profiles on LinkedIn, March 10, 2015 7. Pennsylvania Bar Association Formal Opinion 2014-300, Ethical Obligations for Attorneys Using Social Media 8. Professional Ethics of the Florida Bar Proposed Advisory Opinion 14-1, January 23, 2015 B. ETHICAL AND EFFECTIVE BILLING PRACTICES 9. Hypothetical: A Billing Nightmare, The Consequences of Inadequately Managing the Billing Process 10. Extracts from the Colorado Rules of Professional Conduct, Rules 1.5 and 1.15 11. E-mail message to Anthony Davis, 08/05/01 regarding $5.00 Invoice 12. Jay Shepherd, What if Apple Stores Billed by the Hour? Lessons for Law Firms, The Client Revolution, July 2009 13. Robert Ambrogi, Why Is This Man Smiling? Latest legal victory has LegalZoom poised for growth, ABA Journal, August 1, 2014 14. Anthony E. Davis and Julianne Splain, Improving the Profitability and Managing the Risks of Law Practice: A New Look at Fee Arrangements, Billing, and Collections, Lawyer to Lawyer, Edition XIX, September 2002 15. Gary A. Munneke and Anthony E. Davis, Part IV: Fees, Billing and Collection, Chapter 4 – Alternative Fee Arrangements, THE ESSENTIAL FORMBOOK: Comprehensive Management Tools for Lawyers, Volume II, American Bar Association, 2001 16. Robert C. Pozen, They Work Long Hours, but What About Results?, The New York Times, October 07, 2012 17. Amy Miller, Survey Shows the Bell Is Tolling for the Billable Hour, Corporate Counsel, December 01, 2009 18. Dan DiPietro and Gretta Rusanow, In Today’s Market, Clients Seeking Cost Certainty, The Legal Intelligencer, December 15, 2010 19. How to Migrate from Traditional Billing to Alternative Fees, Association of Corporate Counsel, September 2009 20. Christian Lewis, 3 In-House Views of Alternative Fee Arrangements, Law360, October 17, 2014 Bibliographies A. AN UPDATE ON CYBER RISKS Copies of the An Update on Cyber Risks PowerPoint presentation are available on request. Recent Incidents and Decisions of Interest: The Limits of Technology 1. Over-reliance on calendaring software Francis J. Lawall and James C. Carnigan, 4th Circuit Rules Computer Oversight Not ‘Excusable Neglect,’ The Legal Intelligencer, June 21, 2011 Symbionics Inc. v. Ortlieb, 2011 WL 2076335 (C.A.4 (Va.)) In re Sandoval, 2009 WL 2372849 (D.Colo.) In Re WorldCom, Inc. Docket Nos. 10-4588(L), 11-0408 (XAP), United States Court of Appeals for the Second Circuit, Decided: January 24, 2013 2 Virus introduced worm that erased calendar entries may constitute excusable neglect – (the dog ate my homework?) Sonders v. Mezvinsky, 2001 WL 1403525 (Bkrtcy.E.D.Pa.) Carol Gerber, Keeping an Eagle Eye on Typos, Daily Dispatch, February 27, 2013 John O. McGinnis, Machines v. Lawyers, City Journal, June 25, 2014 2. Under-Utilization of Technology Monica Bay, Big Law Whipped for Poor Tech Training, Law Technology News, 05/22/2013 3. Exclusive: Linklaters lawyer quits to invent proofreading machine, Roll on Friday, September 27, 2013 4. Jalil Asif QC, I-Die, Counsel.com, August 2014 5. Paul Lippe and Daniel Martin Katz, 10 predictions about how IBM’s Watson will impact the legal profession, Legal Rebels, October 2, 2014 Data Protection – External Threats 6. Sharon D. Nelson, David G. Ries, and John W. Simek, Locked Down, Information Security for Lawyers, © 2012 American Bar Association 7. Law firm data compromised by hackers K&S attacked by hackers, Bloomberg News, March 8, 2011 Martha Neil, Neighbor Gets 18 Years for Hacking Lawyer’s Wi-Fi Account, Using His ID to Harass Others, ABA Journal, July 13, 2011 Michael A. Riley and Sophia Pearson, China-Based Hackers Target Law Firms to Get Secret Deal Data, Bloomberg News, January 31, 2012 Catherine Dunn, How Secure Are Law Firms’ Computer Networks?, Corpcounsel.com, February 21, 2012 Michael Riley & Dune Lawrence, Hackers Linked to China’s Army Seen From EU to D.C., Bloomberg, July 26, 2012 Nicole Perlroth, Hackers in China Attacked The Times for Last 4 Months, The New York Times, January 30, 2013 3 Martha Neil, Traveling to China? Don’t take a laptop computer, universities warn academics, ABA Journal, July 17, 2013 Allison Grande, Revamped Breach Laws Expose Cos. Hit By Russian Hack, Law360, August 06, 2014 Rob Waugh, Android security mystery – ‘fake’ cellphone towers found in U.S., We Live Security, August 28, 2014 8. Standards for the Protection of Personal Information (PI) of Residents of the Commonwealth” (201 CMR 17.00, Massachusetts), March 1, 2010 9. Law Firms and Risk Control: Information Security and Confidential Survey Results, CNA, April 2011 10. Responding to a Data Breach, Communications Guidelines for Merchants, 2008 ©Visa Inc. 11. John W. Simek & Sharon D. Nelson, Esq., Preventing Law Firm Data Breaches, Law Practice Magazine, January/February 2012, Volume 38 Number 1 12. Martha Neil, Corporate Clients Should Ask Specific Questions About Law Firm Computer Security, Experts Say, ABA Journal, February 21, 2012 13. Somini Sengupta & Nicole Perlroth, The Bright Side of Being Hacked, The New York Times, March 4, 2012 14. Jennifer Smith, Lawyers Get Vigilant on Cybersecurity, Pressure Grows as Mobile Devices, Email Make Sensitive Data More Vulnerable, The Wall Street Journal, June 26, 2012 15. Leo A. Notenboom, Are Password Managers like Roboform and Lastpass safe?, Ask-Leo.com, July 6, 2012 16. Dan Goodin, Why passwords have never been weaker—and crackers have never been stronger, ARS Technical, August 20, 2012 17. Mat Honan, What to Do After You’ve Been Hacked, Wired.com, March 5, 2013 18. Andrew Dunn, Park Sterling Bank suing law firm after fraudulent wire transfer, The Charlotte Observer, April 03, 2013 19. Anna Reynolds, Fear of cyber crime rise as nearly 80% believe their firm could be hit by web hack, Legalweek.com, May 3, 2013 4 20. John Seabrook, Network Insecurity, Are we losing the battle against cyber crime?, The New Yorker, May 20, 2013 21. Monica Bay, Big Law Whipped for Poor Tech Training, Law Technology News, May 22, 2013 22. Martha Neil, Bank’s new cybersecurity audits catch law firms flat-footed, ABA Journal, June 13, 2013 23. Allison Grande, NY Cybersecurity Push Turns Up the Heat on Law Firms, Law360, October 27, 2014 24. Lily Hay Newman, Even If You’re Wise to Phishing, Spear Phishing Could Still Fool You, Gizmodo, July 14, 2013 25. Lucy L. Thomson, Health Care Data Breaches and Information Security, Addressing Threats and Risks to Patient Data, Identity Theft Resource Center, Data Breach Reports, 2005-2013 26. Ama Sarfo, 5 Ways Law Firms Can Avoid A Data Breach Nightmare, Law360, August 16, 2013 27. Encryption, complex passwords are best ways to protect client data, YourABA – enews for members, September 2013 28. Nicole Perlroth, Jeff Larson and Scott Shane, N.S.A. Able to Foil Basic Safeguards of Privacy on Web, The New York Times, September 5, 2013 29. Jonathan Ames, Top City firm fights off cyber attack, The Lawyer, October 28, 2013 30. Jonathan Ames, Cyber security: Lawyers are the weakest link, The Lawyer, October 28, 2013 31. Connor Adams Sheets, Have My Passwords Been Stolen? How To Check For Account Breaches Using HaveIBeenPwned, International Business Times, December 05, 2013 32. Allison Grande, Report of NSA Spying On Mayer Brown Rattles Other Firms, Law360, February 18, 2014 33. Gina Passarella, Law Firms Face Pressure from Clients on Data Security, The Legal Intelligencer, March 04, 2014 34. Letter Dated 10 March 2014 from the NSA to the ABA 35. Spiders in the web: The risks of online crime to legal business, Solicitors Regulation Authority, March 2014 5 36. Data Security, Lawyers’ Insurance Association of Nova Scotia, April 2014 37. Evan Weinberger, Cybercriminals Outpacing Security Measures, Report Says, Law360, April 22, 2014 38. Beware Keyloggers at Hotel Business Centers, Krebs on Security, July 14, 2014 39. Graham Cluley, Yahoo ads network helps hackers spread CryptoWall ransomware, grahamcluley.com, August 11, 2014 The Cloud 40. Cloud Ethics Opinions Around the U.S., ABA Law Practice Management Section, http://www.americanbar.org/groups/departments_offices/legal_technology _resources/resources/charts_fyis/cloud-ethics-chart.html 41. Cloud Computing/Software as a Service for Lawyers, ABA Law Practice Management Section, http://www.americanbar.org/groups/departments_offices/legal_technology _resources/resources/charts_fyis/saas.html 42. Storing Confidential Information in ‘Cloud' Is Permissible, With Reasonable Precautions, ABA/BNA Lawyers’ Manual on Professional Conduct, Volume 26, No. 22, October 27, 2010, New York State Bar Association Committee on Professional Ethics, Opinion 842, Using an outside online storage provider to store client confidential information, 09/10/10 43. Larry Griffin, Storm on the Horizon? The Risks of Cloud Computing, Beazley Brief, Issue 24, June 2011 44. The New York City Bar, Committee on Small Law Firms, The Cloud and the Small Law Firm: Business, Ethics and Privilege Considerations, November 2013 45. Solicitors Regulation Authority, Silver Linings: Cloud computing, law firms and risk, November 2013 46. Daniel Beekman, Manhattan judge finds accounting firm stole from the cloud in landmark ruling, Daily News, December 16, 2013 47.