Attorney-Client Privilege in a Digital World: Protecting Client Data, Cybersecurity Strategies and Emerging Threats

Tom Kirkham
Tom Kirkham | Kirkham IronTech

Founder and CEO of Kirkham IronTech, offers robust cybersecurity defense systems while fostering a security-first culture through comprehensive training programs.

On-Demand: October 25, 2024

2 hour CLE

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Program Summary

Attorney-Client Privilege in a Digital World: Protecting Client Data, Cybersecurity Strategies and Emerging Threats is a live, 2-hour session that explores the challenges and solutions in maintaining attorney-client privilege and confidentiality in the ever-evolving digital landscape. This presentation covers the risks posed by AI, cloud computing, and data breaches, providing practical insights into current regulatory guidance and recent court decisions. Attendees will learn essential strategies, tools, and best practices to strengthen their cybersecurity posture, protect client information, and stay ahead of emerging threats.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • The Risks of Technology on Attorney-Client Privilege and Confidentiality
  • Recent Court Decisions and Regulatory Guidance
  • Best Practices for Maintaining Attorney-Client Privilege and Confidentiality in the Digital Age
  • Actionable Steps to Safeguard Your Firm’s Future

Closed-captioning available

Speakers

Tom Kirkham_FedBarTom Kirkham | Kirkham IronTech

Tom Kirkham, the founder and CEO of Kirkham IronTech, offers robust cybersecurity defense systems while fostering a security-first culture through comprehensive training programs. With over 30 years of experience in software design, network administration, and computer security, he serves as a trusted cybersecurity and IT advisor nationwide. Kirkham, a two-time Amazon Best Seller, further underscores his expertise in his latest book, “Hack the Rich – A Cybersecurity Parable”.

Agenda

I. The Risks of Technology on Attorney-Client Privilege and Confidentiality | 2:00pm – 2:30pm

  • Understanding Today’s Digital Landscape
  • Cybercrime is Expected to Skyrocket / Cybercrime Measured
  • The Evolution of Technology in the Legal Profession – A Review of the Current Landscape
  • The Threat of Data Breaches and Cybersecurity Risks to Confidentiality AI-Related Attack Styles
  • The Impact of Artificial Intelligence and Machine Learning on Attorney-Client Privilege
  • The Role of Cloud Computing and Third-Party Vendors in Maintaining Confidentiality
  • Why Cybersecurity is Critical for Law Firms
  • Relevant Case Studies

II. Recent Court Decisions and Regulatory Guidance | 2:30pm – 3:00pm

  • A Review of Recent Court Decisions on Attorney-Client Privilege and Technology
  • Rules of Professional Conduct (RPC) and Cybersecurity
  • The Impact of the 2019 ABA Ethics Opinion on Securing Communication of Protected Client Information
  • Regulatory Guidance on Technology and Confidentiality: A Review of ABA, State Bar, and Federal Agency Guidance
  • The Role of Encryption and Other Security Measures in Maintaining Privilege
  • The Fallout of a Breach

Break | 3:00pm – 3:10pm

III. Best Practices for Maintaining Attorney-Client Privilege and Confidentiality in the Digital Age | 3:10pm – 3:40pm

  • Strategies to Enhance Your Firm’s Cybersecurity /Tools and Knowledge for Cybersecurity Navigation
  • AI-Based Defenses
  • Implementing Effective Information Governance Policies and Procedures
  • Conducting Risk Assessments and Due Diligence on Third-Party Vendors
  • Using Technology to Enhance Confidentiality and Privilege: Tools and Strategies
  • Developing an Incident Response Plan for Data Breaches and Cybersecurity Incidents

IV. Actionable Steps to Safeguard Your Firm’s Future | 3:40pm – 4:10pm

  • Taking Charge of Your Cybersecurity Strategy
  • Leveraging External Expertise
  • Your Next Steps in Cybersecurity

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 Cybersecurity, Privacy and Data Protection

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 Law Practice Management (LPM)

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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