Cyber Defense eMagazine December Edition for 2021

More documents

Recommendations

Info

Attorney-Client Privilege Communication Best Practices By Nicole Allen, Marketing Executive, Salt Communications. On a daily basis, corporate counsel and their clients communicate confidentially. Assumptions regarding what is and will remain attorney-client privileged are included in these interactions. Attorney-client privilege, one of the oldest legal concepts in Anglo-American jurisprudence, is facing a paradigm shift with today’s rapid work culture advancement. While technological innovation has allowed for faster and more effective communication and production, it has also increased the risk of losing attorney-client privilege. Given the speed and complexity of today's corporate environment, maintaining confidentiality, which is a core element of this privilege, is positioned to become an accidental and unrecognised casualty. As a result of this shift, in-house legal counsel must become more knowledgeable about an already complex legal system while navigating a range of cloud collaboration programmes and other types of electronic communication. In-house counsel should review the following recommended practices to preserve privilege and protect confidentiality in a modern business setting. Attorney-Client Privilege & In-House Counsel The attorney-client privilege protects oral and written communications to, from, or with an attorney for the purpose of asking or receiving legal advice. It is one of the more sophisticated but well-respected areas of legal practice. Cyber Defense eMagazine – December 2021 Edition 96 Copyright © 2021, Cyber Defense Magazine. All rights reserved worldwide.
Certain communications are protected from disclosure to third parties under the attorney-client privilege. These conversations must be confidential, between an attorney and a client, and made for the purpose of getting or providing legal advice to qualify for this protection. If these three pieces of criteria aren't met, the communication isn't considered valuable. The overarching goal of this privilege is to encourage open communication and information sharing in order to seek legal counsel without fear of unintentional exposure. Best practices for legal professionals Attorney-client privilege is still one of the more difficult and subtle aspects of legal practice. The corporate entity – with employees, business units, and governing boards – adds to the intricacy of this privilege for corporate counsel. The fact that in-house counsel serves as both a trusted legal expert and a business advisor further complicates the matter. Despite the fact that there is minimal case law specifically dealing with privilege and communication platforms or tools, established privilege rules apply. Courts use the modified subject matter test to evaluate whether a communication is protected by the attorney-client privilege. When a corporate employee communicates with the corporate attorney about legal advice, the subject matter is within the scope of the employee's duties, the employee's superior incentivises the employee to make the request, and only those who need to know the contents of the communication receive it, meaning the communication is protected. Take time to educate yourself Model Rule 1.1, which stipulates that a lawyer "should keep aware of changes in the law and its practise, including benefits and hazards connected with applicable technology," has been approved by the American Bar Association and various states. As a result, lawyers are expected to be aware of the hazards and benefits of technology and to make judicious use of it. BYOD Policies BYOD (bring your own device) policies can be written to provide some protection against certain dangers. The usage of a BYOD smartphone or tablet by employees blurs the barrier between personal and professional life. In comparison to a thumb drive, a BYOD device can readily keep trade secrets on the device itself or via a cloud storage service. The expectation of privacy of an employee is at the heart of the legal issue. The most forward-thinking businesses will create a detailed, customised BYOD strategy that works in tandem with existing security measures. Employees who use a BYOD smartphone or tablet in conjunction with business computers would have to sign away their expectation of privacy in more restricted regimes. Cyber Defense eMagazine – December 2021 Edition 97 Copyright © 2021, Cyber Defense Magazine. All rights reserved worldwide.
Page 1 and 2:
9 Ways Social Media Sabotages Your
Page 3 and 4:
How Do You Secure the Modern Supply
Page 5 and 6:
@CYBERDEFENSEMAG CYBER DEFENSE eMAG
Page 7 and 8:
Cyber Defense eMagazine - December
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
With over 4 billion users, social m
Page 41 and 42:
Unsecure Mobile Networks When using
Page 43 and 44:
However, as concerning as these pra
Page 45 and 46: Danny Lopez, CEO, Glasswall “Duri
Page 47 and 48: estoring data. Modern organizations
Page 49 and 50: When Diplomacy, Finance and Tech Co
Page 51 and 52: Another way leaders can take initia
Page 53 and 54: How Covid-19 Changed Advertising Fo
Page 55 and 56: However, this shift might not be su
Page 57 and 58: Why MFA Alone Isn’t Enough for Tr
Page 59 and 60: just highlights how vulnerable most
Page 61 and 62: on channels like email. This starts
Page 63 and 64: 3 Best Practices to Avoid Inevitabl
Page 65 and 66: For example, an employee may become
Page 67 and 68: and outcomes is essential for proje
Page 69 and 70: Electric Vehicle Charging: The Next
Page 71 and 72: Going forward, EV dealers, charging
Page 73 and 74: How does this relate to MFA? Well,
Page 75 and 76: constant exposure of countries to a
Page 77 and 78: Why do you need a malware sandbox?
Page 79 and 80: Multi-Cloud Security and Compliance
Page 81 and 82: If security controls are not consol
Page 83 and 84: How Do You Secure the Modern Supply
Page 85 and 86: The case for isolation Supply chain
Page 87 and 88: Don’t Take Yourself Out of The Ga
Page 89 and 90: The U.S. Government Accountability
Page 91 and 92: assessment criteria for the tasks f
Page 93 and 94: the file. This was a great techniqu
Page 95: the wake of the pandemic where the
Page 99 and 100: At Salt Communications we work with
Page 101 and 102: And it’s only getting worse. If y
Page 103 and 104: The benefits are great When HDOs ha
Page 105 and 106: 4 Pillars of Privacy-Preserving AI
Page 107 and 108: concern and a desire to be cautious
Page 109 and 110: and stay safe online. That’s why
Page 111 and 112: 2. Enabling over-the-horizon threat
Page 113 and 114: Techniques Used by Hackers to Bypas
Page 115 and 116: Phishing scams avoid email security
Page 117 and 118: ATO Detection Account takeover bene
Page 119 and 120: How To Protect Your Digital Legacy
Page 121 and 122: I worked with cybersecurity experts
Page 123 and 124: Sextortion Email Scams What to Do a
Page 125 and 126: Sextortion attacks are a type of cy
Page 127 and 128: How to respond to a sextortion emai
Page 129 and 130: Example 2:'You've been hacked' emai
Page 131 and 132: How can this strategy be implemente
Page 133 and 134: Surviving The New Era of Terabit-Cl
Page 135 and 136: accompanying shift toward more digi
Page 137 and 138: Survey results show businesses are
Page 139 and 140: Enterprises Cannot Achieve Zero Tru
Page 141 and 142: Capital One breach back in 2019. Ad
Page 143 and 144: Cyber Defense eMagazine - December
Page 145 and 146: Cyber Defense eMagazine - December
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
CyberDefense.TV now has 200 hotseat
Page 163 and 164:
Books by our Publisher: https://www
Page 165 and 166:
Page 167 and 168:
show all

Cyber Defense eMagazine December Edition for 2021

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?