Legal Cyber Academy

Code and Ethics: Understanding Attorneys' Ethical Obligations after Data Breaches

Taught by Daniel B. Garrie

Employment LawLevel: Intermediate1h 3m

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Overview of Code and Ethics: Understanding Attorneys' Ethical Obligations after Data Breaches

Panelists introduce the ethical concerns data breaches create, then outline attorneys' responsibilities under the Model Rules of Professional Conduct, focusing on the duty of competence and methods of protecting client data. They cover the obligation to monitor for breaches and the rules for providing notice to current and former clients, closing with a discussion of less clearly defined rules.

What you’ll learn in Code and Ethics: Understanding Attorneys' Ethical Obligations after Data Breaches

  • Recognize the ethical concerns raised by data breaches
  • Apply the duty of competence to understanding technology and threats
  • Meet the obligation to monitor for data breaches
  • Fulfill notice obligations to current and former clients

Audience and prerequisites

Who should take this courseCode and Ethics: Understanding Attorneys' Ethical Obligations after Data Breaches

Attorneys seeking to meet ethical obligations related to cybersecurity and data breaches.

Curriculum

  1. 1. Why Data Breaches Can Raise Ethical Concerns

    The ethical concerns data breaches create for attorneys.

    Locked
  2. 2. Understanding the Technology and the Threat: Duty of Competence

    Protecting client data and potential violations under the Model Rules.

    Video coming soon
  3. 3. Obligation to Monitor for Data Breaches

    Attorneys' duty to monitor for breach incidents.

    Video coming soon
  4. 4. Obligations to Provide Notice of Data Breach

    Notice obligations to current and former clients.

    Video coming soon

Your instructors

Portrait of Daniel B. Garrie

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Portrait of Thomas Vanaskie

Thomas Vanaskie

Of Counsel, Stevens & Lee (Hon., Ret.)

Stevens & Lee

The Honorable Thomas I. Vanaskie is Of Counsel at Stevens & Lee, where he chairs the firm's Appellate and Mediation, Neutral Services, and Alternative Dispute Resolution practice groups. He served as a judge on the U.S. Court of Appeals for the Third Circuit from 2010 to 2018 and, before that, as a district judge on the U.S. District Court for the Middle District of Pennsylvania for 16 years, including seven as chief judge. Over more than four decades in the legal profession he has litigated or overseen hundreds of complex cases and now serves as a mediator, arbitrator, and court-appointed special master.

Portrait of Carolyn Purwin Ryan

Carolyn Purwin Ryan

Partner and Chair of the Litigation Practice, Mullen Coughlin LLC

Mullen Coughlin LLC

Carolyn Purwin Ryan is a partner at Mullen Coughlin LLC and chair of the firm's litigation practice. She defends organizations in single-plaintiff and class action litigation over alleged violations of data privacy statutes and regulations, serves as breach counsel to organizations responding to data privacy and security incidents, and assists organizations with pre-incident compliance work including incident response planning. She holds a J.D. and an LL.M. in taxation from Villanova University School of Law and a B.S. from Georgetown University, and clerked in the Superior Court of New Jersey and the U.S. District Court for the Southern District of New York. She is vice-chair of the Cybersecurity and Data Privacy General Committee of the American Bar Association's Tort Trial & Insurance Practice Section. At Legal Cyber Academy, Carolyn Purwin Ryan teaches on cyber insurance and attorneys' ethical obligations after data breaches.

Portrait of Cristina Dolan

Cristina Dolan

Author and Technology Executive; Founder, InsideChains

Cristina Dolan is an engineer, entrepreneur, author, and keynote speaker who works with organizations on digitally transforming business models through data, artificial intelligence, and blockchain ecosystems. An electrical engineer, computer scientist, and MIT Media Lab alumna, she co-authored Transparency in ESG and the Circular Economy: Capturing Opportunities Through Data (2021) with Diana Barrero Zalles, and founded InsideChains. She has held a leadership role at RSA and served as a board advisor to cybersecurity companies including WISeKey, Crayonic, and Cytegic. At Legal Cyber Academy she teaches on attorneys' ethical obligations following a data breach.

Portrait of Joseph Santiesteban

Joseph Santiesteban

Partner, Orrick, Herrington & Sutcliffe LLP

Joseph Santiesteban is a partner in the Seattle office of Orrick, Herrington & Sutcliffe LLP, where he co-leads the firm's global Cyber, Privacy & Data Innovation group. He guides companies through the full lifecycle of a cybersecurity incident, including incident assessment, forensic investigation management, legal risk analysis, breach notification obligations, regulatory inquiries and related litigation. He holds a J.D. from the University of California, Berkeley School of Law, where he was editor-in-chief of the Berkeley Business Law Journal, and is admitted in Washington, Massachusetts and California. He was named to the 2024 Lawdragon 500 X Next Generation Rising Stars list. At Legal Cyber Academy, Joseph Santiesteban teaches on vendor-related data breaches and attorneys' ethical obligations after a data breach.