On Demand Audio

The Future of Legal Malpractice: Cybersecurity

(694 reviews)

Produced on August 29, 2017

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Course Information

Time 63 minutes
Difficulty Intermediate

Course Description

Data breaches around the world are front-page news every day and now, more than ever, law firms possess a “treasure trove” of information that can be used for profit in a multitude of ways. In the ever-evolving world of cybersecurity, the legal profession is faced with the daunting task of protecting the client information entrusted in its care. Faced with countless ethical, statutory and contractual obligations to protect this information, the modern law firm must be proactive and hyper-vigilant in its data security practices. With the benefit of hindsight and a largely undefined standard of care, plaintiffs will scrutinize the means by which a law firm attempted to secure client information in the event of a breach, with legal malpractice claims sure to follow. This program, presented by Gordon Rees attorneys Brian Middlebrook and Joseph Salvo, will address the developing universe of legal malpractice arising from lapses in establishing adequate cybersecurity measures, as well as practice tips for avoiding these claims. 


Learning Objectives:

  1. Discuss the development of law firms as targets of cyber attacks
  2. Review the potential reasons for these attacks with related examples of legal malpractice claims
  3. Outline some of the ethical, statutory, and contractual obligations mandating appropriate data security
  4. Provide tips for law firm data security and avoiding legal malpractice claims


Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Brian Middlebrook

Gordon Rees Scully Mansukhani, LLP

Brian Middlebrook is a partner in the New York office of Gordon & Rees. His practice primarily focuses on complex commercial litigation, product liability, professional liability defense, privacy/data security, white collar criminal defense and municipal liability. He represents a broad range of clients, including individuals, corporations, professional sports organizations, directors and officers, attorneys, accountants, brokers, manufacturers, retailers, insurance carriers, and municipalities against claims of civil liability in state and federal courts in New York and throughout the United States. 

Mr. Middlebrook also regularly counsels clients on a broad range of cyber liability and risk avoidance issues, seeking to minimize exposure to regulatory action and litigation by assisting in the preparation of privacy policies, programs, and procedures, as well as a broad range of commercial agreements and product manuals/warnings.

Prior to joining Gordon & Rees, Mr. Middlebrook was lead associate to U.S. counsel for several multinational corporations, managing all aspects of complex product liability, commercial, and general defense litigation throughout the United States. Mr. Middlebrook also previously served as Assistant Corporation Counsel with the New York City Law Department, where he successfully defended the City as a trial attorney.

Admissions

New York



Joseph Salvo

Gordon Rees Scully Mansukhani, LLP

Joseph Salvo is a partner in the Gordon & Rees New York office. His practice primarily focuses on professional liability, tort & product liability, environmental/toxic tort, commercial litigation, and employment law. Mr. Salvo’s practice involves defending a broad range of clients including directors and officers of both large and small businesses, attorneys, architects, engineers, accountants, brokers, manufacturers, distributers and employers against claims of civil liability in New York’s state and federal courts. Mr. Salvo also has significant experience arguing appeals on behalf of clients in New York’s Appellate Divisions and the Second Circuit Court of Appeals. Additionally, Mr. Salvo has had success in resolving cases and negotiating settlements on behalf of clients.

Before joining Gordon & Rees, Mr. Salvo was a pre-trial and trial attorney with the Office of the Corporation Counsel, defending the City of New York in civil law suits. In connection with his representation of the City of New York, Mr. Salvo litigated extensively and successfully by achieving multiple defense verdicts and favorable resolutions of claims prior to reaching a verdict. Mr. Salvo’s past trial experience with the Office of the Corporation Counsel makes him a unique addition to the Gordon & Rees team.

Prior to attending law school, Mr. Salvo served as an aide and speechwriter to New York State Senator, Thomas P. Morahan. 

Admissions

New York

United States District Courts, Southern and Eastern Districts of New York



Reviews

MS
Michael S.

Quite interesting and well done

RC
Rebecca C.

This CLE has some very enlightened information that I didn’t realize I need to pay attention to as a lawyer. Loved this!

HL
Hubert L.

Scary and sobering ... well worth listening to and learning from this presentation.

CC
Charles C.

I like the dual presenter format.

HS
Harrison S.

Presenters were both knowledgeable and professional. They demonstrated a deep understanding of a newly evolving area of fraud and sophisticated theft rings. Are they clearly explained how lawyers and law firms will be liable for cyber breaches and how they can protect themselves: Enjoyable presentation

KB
Karen B.

It was interesting and scary at the same time. What cyber criminals can do is truly frightening.

MK
Michele K.

thank you

VB
Victoria L. B.

Excellent information and clear concise presentation.

SH
Shawn H.

Good written materials

RK
Richard K.

very informative

AW
Andrea W.

Invaluable information. Highly recommend watching this presentation.

DG
dan g.

great timely topic

WL
William L.

Good course.The things said about securing a lawfirm should be practiced by more than just law firms.

DD
Dennis D.

Excellent presentation

MG
Marc G.

Great information! Will reconsider use of Dropbox now.

LP
Larry P.

Important topic for periodic review!

TO
T. O.

This was an excellent course. Thank you Joseph and Brian --- job well done!

GK
Grace K.

Excellent program very informative with lots of great examples but also interesting.

RG
Richard G.

Important and timely.

LH
Laura H.

Excellent presentation.

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