Technology and Ethical Challenges in Modern Remote World

Helena J. Engfeldt
Garrett Stallins
Jay Dealy
Helena J. Engfeldt | Baker McKenzie
Garrett Stallins | Baker McKenzie
Jay Dealy | Pillsbury Winthrop Shaw Pittman LLP

On-Demand: November 20, 2024

2 hour CLE

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Program Summary

Session I – Leveraging Technology and AI in Legal Practice – Helena Engfeldt and Garrett Stallins

As technology reshapes the legal landscape, attorneys must harness tools and methodologies that streamline complex tasks and amplify strategic insights. This session dives into key technologies that drive efficiencies in legal practice —from data mapping and AI-enhanced research to collaborating effectively with technologists on attorney-client privileged investigations.

Key topics to be discussed:

  • The importance of leveraging technology to understand data processing/for data mapping including what is happening on a company’s website
  • Using AI as part of legal research, due diligence work, and other tasks
  • How lawyers could and should work with technologists as part of an attorney client privileged investigation
  • Legal guardrails on relying on technology, making sure lawyers stay within their role of providing legal advice, and vetting output of technology

Session II - Navigating Ethical Challenges when Working Remotely – Jay Dealy

As remote work becomes increasingly prevalent, lawyers encounter distinctive ethical challenges, including regarding technological competence. This program will equip attendees with the knowledge and skills needed to navigate their ethical obligations, maintain client confidentiality, and utilize technology effectively while adhering to professional conduct rules. Through practical examples and case studies, this session aims to empower legal professionals to confidently tackle the ethical complexities of remote work.

Key topics to be discussed:

  • Understanding technology competence obligations – ABA Model Rule 1.1 (Competence) and the consequences of inadequate technology competence
  • Maintaining client confidentiality in digital environments
  • Addressing unauthorized practice of law in remote settings
  • Potential privilege issues
  • Supervisory responsibilities in remote environments
  • Choice of law rules for professional conduct

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Helena J. Engfeldt_FedBarHelena J. Engfeldt | Baker McKenzie

Helena Engfeldt helps companies around the world expand their businesses internationally, especially by taking privacy law compliance global. She focuses on counseling companies on data privacy and protection regulations as they apply to products, business models, and employers. She is licensed to practice law in California, New York and Washington. She regularly writes and speaks about privacy law and was shortlisted for privacy & data protection lawyer of the year in the Americas in 2023 and 2024.

Helena advises private and public companies on international expansion, cross-border transactions, and development and use of new products and services. Her clients include artificial intelligence developers and users, e commerce companies, builders, healthcare and wellness companies, content developers, and telecommunications providers. She regularly counsels clients on compliance with data protection regulations around the world such as CCPA, CMIA, COPPA, GDPR, HIPAA, MHMDA, and PIPL.

 

Garrett Stallins_FedBarGarrett Stallins | Baker McKenzie

Garrett is an associate in Baker McKenzie’s North America Intellectual Property Group and is based in our San Francisco office.

Garrett’s practice focuses on helping clients build effective information governance programs, comply with privacy laws and regulations, and respond to cybersecurity incidents.

As a Certified Information Privacy Professional (CIPP/US), Garrett assists clients on state, federal, and international privacy laws and regulations, including the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), and the General Data Protection Regulation (GDPR).

In his cybersecurity practice, Garrett assists clients in identifying and managing risks through their information governance programs. He also assists clients in coordinating their response to cyber incidents from threat discovery through remediation and recovery. Garrett also has experience with data mapping projects and privacy impact assessments.

 

Jay Dealy_FedBarJay Dealy | Pillsbury Winthrop Shaw Pittman LLP

Jay D. Dealy is Special Counsel at Pillsbury Winthrop Shaw Pittman LLP in New York, focusing on complex commercial litigation, appeals, and international arbitrations. He handles cases involving manufacturing, construction contracts, shareholder disputes, and insurance coverage, and represents clients in governmental and internal investigations. Jay is a member of the New York City Bar Association’s Professional Ethics Committee.

Jay has won significant victories, including reinstating over $1 billion in claims in a construction dispute and securing favorable outcomes in international arbitrations. He has successfully handled high-profile appeals and defended major corporations in regulatory investigations. Jay is also dedicated to pro bono work, improving access to services for people with disabilities.

He holds a J.D. from Harvard Law School and a B.A. from Middlebury College and is admitted to practice in New York.

Agenda

Session I – Leveraging Technology and AI in Legal Practice | 1:00pm – 2:00pm

  • The importance of leveraging technology to understand data processing/for data mapping including what is happening on a company’s website
  • Using AI as part of legal research, due diligence work, and other tasks
  • How lawyers could and should work with technologists as part of an attorney client privileged investigation
  • Legal guardrails on relying on technology, making sure lawyers stay within their role of providing legal advice, and vetting output of technology

Break | 2:00pm – 2:10pm

Session II – Navigating Ethical Challenges when Working Remotely | 2:10pm – 3:10pm

  • Understanding technology competence obligations – ABA Model Rule 1.1 (Competence) and the consequences of inadequate technology competence
  • Maintaining client confidentiality in digital environments
  • Addressing unauthorized practice of law in remote settings
  • Potential privilege issues
  • Supervisory responsibilities in remote environments
  • Choice of law rules for professional conduct

Credits

Alaska

Approved for CLE Credits
1 General , 1 Ethics

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

Pending CLE Approval
1 General , 1 Ethics

Arkansas

Approved for CLE Credits
1 General , 1 Ethics

Arizona

Approved for CLE Credits
1 General , 1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 General , 1 Ethics

Colorado

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 General , 1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour, 1 CLE Hour

Delaware

Pending CLE Approval
1 General , 1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 General Hours, 1 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General , 1 Ethics

Hawaii

Approved for CLE Credits
1.2 General , 1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 General , 1 Ethics

Idaho

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 General , 1 Professional Responsibility

Indiana

Pending CLE Approval
1 General , 1 Ethics

Kansas

Pending CLE Approval
1 Substantive , 1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 General , 1 Ethics

Louisiana

Approved for Self-Study Credits
1 General , 1 Ethics

Massachusetts

No MCLE Required
1 CLE Hour, 1 CLE Hour

Maryland

No MCLE Required
1 CLE Hour, 1 CLE Hour

Maine

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 CLE Hour, 1 CLE Hour

Minnesota

Approved for Self-Study Credits
1 General , 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General , 1.2 Ethics

Mississippi

Pending CLE Approval
1 General , 1 Ethics

Montana

Pending CLE Approval
1 General , 1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 General , 1 Ethics

North Dakota

Approved for CLE Credits
1 General , 1 Ethics

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

Pending CLE Approval
1 General , 1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General Minutes, 60 Ethics / Professionalism 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
1.2 General , 1.2 Ethics / Professionalism

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
1 General , 1 Ethics / Professionalism

Nevada

Pending CLE Approval
1 General , 1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 General , 1.2 Ethics / Professionalism

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

Pending CLE Approval
1 General , 1 Professional Conduct

Oklahoma

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

Oregon

Approved for Self-Study Credits
1 General , 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 General , 1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 General , 1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour, 1 CLE Hour

Tennessee

Approved for Self-Study Credits
1 General , 1 Dual

Texas

Approved for CLE Credits
1 General , 1 Ethics / Professionalism

Utah

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Virginia

Not Eligible
1 General Hours, 1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 General , 1 Ethics

Washington

Approved for Self-Study Credits
1 Law & Legal , 1 Ethics

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
1.2 General , 1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 General , 1 Ethics / Professionalism

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