Cybersecurity Nightmares and How to Avoid Them (OnDemand)

Originally held on Thursday, September 28, 2023 | 12:00 pm – 2:00 pm

Program Chair

Joan C. Lenihan
Joan C. Lenihan,
Attorney at Law

  • This objective of this program is to assist lawyers in how to avoid ethical dilemmas and protect their practice from data hackers. The discussion will include what rules of professional conduct relate to cybersecurity and how law firms can safely collect, store, and transfer data. Mitigating a firm’s liability even when the firm has installed cyber safe practices will be addressed as well as case studies of what happens when a law firm fails to protect client data. The skills attendees will gain are learning the NY Professional Rules pertaining to their ethical obligations to keep data safe; practices to safeguard client data; and how to respond when a cyber attack occurs.

    Program Fee:
    $149 For Members | $249 For Nonmembers

  • Annmarie McAvoy
    Clovis Quantum Solutions LLC

    Wesley Paisley
    Public Interest Attorney

    Rebecca Rakoski
    XPAN Law Partners

    Lewis P. Trippett, Esq.
    Higgins & Trippett LLP

  • 12:00 pm – 12:10 pm
    Introduction of Topic and Panelists

    12:10 pm – 12:30 pm
    Ethics and Cybersecurity
    Intersection of Professional Rules and Cybersecurity

    • NYPR 1.1-Competence
    • NYPR 1.6-Confidentiality
    • NYPR 5.3-Sharing Information with Nonlawyers
    • ABA Formal Opinion 483-Obligations After a Breach
    • NYSBA Opinion 1240-Duty to Protect Client Information on Smart Phones

    12:30 pm – 1:15 pm
    Ethics In Practice
    How To Avoid Ethics/Negligence Claims

    • Identifying data privacy compliance gaps and potential liabilities
    • Safe collection, storage, and transfer of private data
    • Mitigating a law firm’s liability-ethically and financially
    • Cyber Insurance?

    1:15 pm – 1:45 pm
    Case Studies
    Real Life Cybersecurity Nightmares

    • What could these lawyers have done differently?

    1:45 pm – 2:00 pm
    Questions

  • New York: 2.0 Cybersecurity, Privacy and Data Protection – Ethics
    New Jersey: 2.1 Professional Responsibility
    California: 1.5 Professional Responsibility
    Pennsylvania: 1.5 Professional Responsibility
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committees:
    Small Law Firm, Adam N. Weissman, Chair
    Technology, Cyber and Privacy Law, Wesley Paisley and Adam Scott Wandt, Co-Chairs

    Co-Sponsoring Organization:
    Small Law Firm Center

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org