Adapting Ethics: Navigating Remote Legal Practice in the COVID-19 Era
In 2020, a large number of office workers were forced to start working remotely, disrupting the traditional way of conducting business. The growing pains of learning how to use Zoom and collaborate at a distance were soon replaced by an appreciation for the flexibility WFH provides, which has been demonstrated to sustain the quality of work, productivity, and number of billable hours. In 2023, health concerns no longer drive remote work, and yet only 30% of attorneys work at the office full time. The rest either work entirely remotely or with hybrid schedules, often appreciating the reduced effort and cost of commuting and better ability to enforce a healthy work-life balance. While remote work is not perfect, and some miss the formerly convivial environment of packed offices, some degree of work from home is here to stay. As such, attorneys will find this course a helpful guide for upholding ethical standards when working from home, while being aware of how their actions regarding the privacy and security of information.
In this seminar, our expert panelists begin by discussing the state of work-from-home today, after the COVID-19 pandemic, and the ethical concerns it provokes for attorneys. Next, our speakers dive into the ABA Standing Committee on Ethics and Professional Responsibility Opinion on Remote Work and each of the relevant Model Rules of Professional Conduct. These ethical concerns include competence, communication with clients, and confidentiality. Our experts conclude by reviewing the best practices for attorneys to follow when working from home to upload ethical standards and some key takeaways going forward.
Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.
LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.
Neutral | JAMS
Hon. James Orenstein (Ret.) joins JAMS following a prominent legal career that included 16 years as a magistrate judge in the Eastern District of New York; several years as a litigator in private practice, including most recently at a firm specializing in technology and privacy law; and over a decade as a successful federal prosecutor and Justice Department official. Judge Orenstein oversaw discovery and helped achieve settlements in cases involving a wide array of class action and individual claims, including those involving antitrust, business disputes, civil rights, construction, copyright violations, defamation, employment discrimination, ERISA, fee disputes, fraud, insurance coverage, legal malpractice, maritime disputes, medical practice, patent infringement, personal injury, products liability, RICO, securities, trademark infringement, and wage and hour laws. While on the bench, Judge Orenstein achieved national recognition for his pioneering opinions on the law surrounding the use of location tracking, encryption and other modern technologies and their effect on personal privacy. Following his retirement from the court, Judge Orenstein entered private practice, where he built on his judicial work in the field of technology and privacy. He counseled technology companies on the privacy impact of new products and services and compliance with U.S. and European data privacy laws and represented them in responding to government requests for their customers’ personal data and in litigation arising from such statutory privacy regimes as the Telephone Communications Privacy Act and the Video Privacy Protection Act. He was also appointed as an amicus curiae by the Foreign Intelligence Surveillance Court. Just before joining JAMS, Judge Orenstein was appointed to help the special master in Trump v. United States resolve complex assertions of privilege and novel issues under the Presidential Records Act arising from the government’s search of the former president’s home. The court in that case agreed that “the efficient administration of the Special Master’s duties requires the assistance of the Honorable James Orenstein (Ret.), … who has experience with complex case management, privilege review, warrant procedures, and other matters.” Before his judicial appointment, Judge Orenstein served as an assistant United States attorney for the Eastern District of New York, where he investigated and prosecuted hundreds of cases and was a member of the team that successfully prosecuted notorious mob boss John Gotti. Following the 1995 bombing of the federal building in Oklahoma City, Judge Orenstein was selected to be part of the trial team that prosecuted the two men responsible for the attack. He then served as an attorney adviser at the Justice Department’s Office of Legal Counsel, where he advised the attorney general and the White House on constitutional matters and helped resolve legal disputes between executive branch agencies. He was later appointed deputy associate attorney general. In that role, he headed a departmental task force on crime victims’ rights—a subject about which he has testified to Congress on multiple occasions—and oversaw the Justice Department’s responses to overlapping congressional and special counsel investigations into the 1993 tragedy at the Branch Davidian complex in Waco, Texas. Upon leaving the Justice Department, Judge Orenstein was a founding partner of the New York City office of Baker Hostetler. A sought-after mediator, Judge Orenstein brings his depth of knowledge and finely tuned ADR skills to every matter before him, from five-figure wage disputes to emotionally fraught discrimination and civil rights actions to multibillion-dollar antitrust class actions. He looks for every chance to turn an issue into an opportunity to bring the parties together to consider settlement—whether a scheduling disagreement at the start of the case, a discovery dispute during its development or dispositive motion practice when the case is ready for trial. As an arbitrator, mediator, special master/referee and neutral evaluator Judge Orenstein now brings to JAMS his diverse legal experience to help parties achieve a fair and efficient resolution of their disputes.
Ph.D., Vice Provost for Research and Innovation | American University
Diana Burley is Vice Provost for Research & Innovation at American University where she is also a full Professor and Director of the Khan Institute for Cyber & Economic Security. She has nearly 30 years of experience driving digital transformation and regularly advises global executives on building digital workforce programs, inclusive security cultures, and an equitable global tech community. She led the ACM task force to establish global cybersecurity educational standards and directed the US Cyber Corps program. Diana speaks regularly at CISO forums, serves on several boards including the Cyber Future Foundation, and has been recognized by EWF, GET Cities, and SC Magazine for her efforts to build the cybersecurity workforce. She earned her PhD from Carnegie Mellon University.
