Primer for an Evolving eWorld
Edition: 3
Copyright: 2023
Pages: 446
Edition: 3
Copyright: 2023
Pages: 446
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The third edition of this book continues to serve as both an educational and reference resource, regardless of whether one is an attorney, judge, paralegal, businessperson, student, self-represented litigant, or member of the general public who wishes to be an informed Citizen. With our world moving more and more to numerous online platforms, work-from-home arrangements and social media - particularly in light of and following the rise of COVID - this book will leave the reader educated on major components of multiple areas of law impacted by electronics, including eDiscovery and evidence authentication, estate planning, ethical considerations for attorneys and businesses engaged in legal disputes, and ethical concerns for judges and jurors engaged on social media. Further, the reader will be conversant on important topics that are becoming commonplace in our society - texting and driving, revenge pornography, online bullying, First Amendment speech and social media, data security, artificial Intelligence, and more. All with case and rule cities in key legal areas available at one's fingertips.
"Evolving eWorld is a must read...What makes Evolving eWorld unusual is that it transcends practice areas...Evolving eWorld is a book that should circulate around every law firm, as each chapter will resonate with a different lawyer and educate him or her on new areas of digital practice they shoudl have known about. Evolving eWorld seeks to provide the answers to a plethora of digital issues, and there is now no excuse for not knowing the answer."
- Mark A Berman, Esq. member of Bond, Schoeneck & King PLLC; Book Review, The New York Law Journal, eDiscovery columnist, The New York Law Journal; founding Chair of the N.Y. State Bar Association's Committee on Technology and the Legal Profession
Acknowledgments
Foreword
Introduction: Exponential Growth and Rapid Change in eWorld
Chapter 1 The Ground Rules for Electronic Discovery
1.1 The Rules and Governing Authorities
1.2 Alternative Sources of Information
1.3 Attorney and Litigant Preservation Obligations, Reasonableness of Accessibility
1.4 More Specific Information—Preservation Orders
1.5 Briefly on FOIL and FOIA in a Realm of e-Discovery
1.6 Costs and Cost-Shifting
1.7 Rule 26(b)(5)(B), “Claw-Back” and “Sneak-Peek” Procedures
1.8 Impact of FRE 502(d)
1.9 Technology- and Computer-Assisted Review (TAR and CAR), Computer-Assisted Coding, and Predictive Coding
1.10 Sanctions, FRCP 37(e), Changing Seas, No More Safe Harbor
1.11 Service of Process by Electronic Means?
1.12 Conclusion
Chapter-End Questions
Chapter 2 The Cloud, Its Usage, and Ethical Concerns
2.1 What Is the Cloud?
2.2 Versions of the Cloud
2.3 Cloud Computing and Unintentional Storage of Information
2.4 Ethical Considerations for Attorneys Utilizing Cloud Storage
2.5 Survey of Several Other States’ Ethical Guidance
2.6 Conclusion
Chapter-End Questions
Chapter 3 Social Media and E-Mail Discovery
3.1 Introduction
3.2 Background—No Expectation of Privacy in Social Media
3.3 The Law Pertaining to Discovery of Social Media Accounts
3.4 The Law Pertaining to Discovery of E-Mail and Text Messages
3.5 Issues with Discovery Demands and Objections
3.6 Reminder Concerning the Importance of Preservation
3.7 Law Enforcement and Mobile Device/Social Media Searches
3.8 Electronic Materials and the United States’ Border
3.9 Caution! User Agreements May Address Release of Information
3.10 Conclusion
Chapter-End Questions
Chapter 4 Data Security, Biometrics, Privacy Laws, and Cybersecurity
4.1 Introduction
4.2 Cybersecurity and Data Security
4.3 Privacy: The European Union’s GDPR, Brazil’s LGPD, New York’s SHIELD Act, California’s CPA, and Illinois’s BIPA
4.4 Conclusion
Chapter-End Questions
Chapter 5 Ethical and Legal Considerations for Social Media and Technology: Attorneys
5.1 Introduction—Attorney Ethical Obligations
5.2 Relevant Ethical Rules at Issue—Attorney Activities and Conduct
5.3 Use of Email to Communicate with Attorneys/Clients
5.4 Attorney Contact/Research of Parties or Witnesses Using Social Media
5.5 Attorney Advice to Clients Concerning Their Social Media
5.6 Disbarment Is a Potential Penalty for Egregious Violations
5.7 Conclusion
Chapter-End Questions
Chapter 6 Ethical and Legal Considerations for Social Media and Technology: Jurors
6.1 Introduction
6.2 The Background and Rules/Instructions for Jurors
6.3 Some Jurors Ignore the Rules/Instructions, Creating Legal Issues
6.4 Jurors Who Are Social Media “Friends” with Litigants/Parties or Others
6.5 Preserving Challenge to a Juror
6.6 What Contact May Attorneys Have with Potential Jurors? What Information May Attorneys Gather in Voir Dire (Jury Selection) and Beyond?
6.7 Conclusion
Chapter-End Questions
Chapter 7 Ethical and Legal Considerations for Social Media and Technology: Judges
7.1 Introduction
7.2 Can a Judge Have a Social Media Account?
7.3 Potential Impact of a Judge’s Active Use of Social Media
7.4 Conclusion
Chapter-End Questions
Chapter 8 Examples of Societal Concerns and Social Media
8.1 Teenagers and Driving While Texting
8.2 Teenagers and “Sexting”
8.3 Teenagers and Cyberbullying
8.4 Revenge Pornography and the Dark Underbelly of Social Media
8.5 Wrongful Social Media Posts Can Have Associated “Costs”
8.6 Conclusion
Chapter-End Questions
Chapter 9 A Specific Societal Concern and Social Media: Texting to Drivers
9.1 Introduction
9.2 In the State of New Jersey, Senders Should Be Wary
9.3 In the States of New York and Michigan, It Is Drivers Who Must Beware
9.4 Courts Might Order Access to Data as Evidence, Even if the Driver Is Incapacitated or Deceased
9.5 A Concluding Word on the Matter
Chapter-End Questions
Chapter 10 Authentication of Electronic Evidence for Trial
10.1 Introduction
10.2 Authentication versus Admissibility, Judicial Notice
10.3 State and Territorial Standards for Authentication of Electronic Evidence
10.4 Federal Standards for Authentication of Electronic Evidence
10.5 Conclusion
Chapter-End Questions
Chapter 11 Electronics in Our Futuristic World: Tech and COVID-19, the Rise of Artificial Intelligence, and Beyond
11.1 Introduction
11.2 Select Laws and Orders in the Face of the Pandemic
11.3 COVID-19 and Law Practice: How Different Things May Look
11.4 Artificial Intelligence—the Future is Here
11.5 Note of Caution—Virtual Arbitration Proceedings & Electronic Practices
11.6 Briefly: Tracking Users Through Apps, First Amendment & Social Media, Technology & Human Trafficking, Copyright & Social Posts, and AI Bias in Employment
11.7 Conclusion
Chapter-End Questions
Chapter 12 The “Final Chapter”—What Happens to Electronic Assets After Death?
12.1 Introduction
12.2 Scenarios to Consider
12.3 Relevant Provisions of Law
12.4 Review of the Scenarios Posed Earlier to Apply the Law
12.5 Conclusion
Chapter End Questions
Appendix 1 Model Rule 502(d) Order
Appendix 2 March 7, 2022 Administrative Order, New York State Courts, re. New Provisions and Amendments of Section 202.70 (Rules of the Commercial Division of the Supreme Court)
Appendix 3 December 7, 2021 Administrative Order, New York State Courts, re. New Rule 37 (Rules of the Commercial Division of the Supreme Court) Regarding Remote Depositions, Together with Stipulation & [Proposed] Order Concerning Protocol for Conducting Remote Depositions
Appendix 4 Model Litigation Hold Letter—Internal/To Client
Appendix 5 Model Joint Electronic Discovery Submission and Order
Appendix 6 Model Litigation Hold Letter—External/Opposing
Appendix 7 Several Gubernatorial Executive Orders Related to COVID-19 and Remote/Virtual World
Appendix 8 Several New York Judicial Administrative Orders and Messages Related to COVID-19 and Remote/Virtual World
Appendix 9 Order of the Then-Chief Judge for the United States Court of Appeals for the Second Circuit Related to COVID-19 and Remote/Virtual World
Glossary of Key Terms
Subject Index
Case Index
Answers to Chapter End Questions
About the Author
Professor Michael L. Fox is tenured associate professor of business law, and a former graduate program (MBA) coordinator, in the School of Business at Mount Saint Mary College, in Orange County, New York. He teaches courses in the undergraduate business and master of business administration programs. As of July 1, 2023, he is the Chairperson of the School of Business, and the 2023–2024 Chair of the Faculty Senate/Chair of the Faculty. He also serves as the college’s pre-law advisor. In addition, he is an adjunct associate professor of law in professional responsibility in the J.D. and LL.M. programs at Columbia University School of Law in New York City.
Dr. Fox received his bachelor of arts (B.A.) degree, Phi Beta Kappa and summa cum laude , from Bucknell University, with a major in economics/minor in biology. He was elected to Phi Beta Kappa in his junior year. Thereafter, at graduation, he received the award for highest class standing in the major of economics. Dr. Fox received his doctor of law (J.D.) degree from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and articles editor on the Columbia Business Law Review.
Professor Fox served as a law clerk to Hon. Lawrence E. Kahn, US District Judge, Northern District of New York, in Albany. He has been rated AV-Preeminent by Martindale- Hubbell since 2015 and was selected to the Upstate New York Super Lawyers list from 2013 through 2016 while engaged in the practice of law. He is admitted to practice in New York State, as well as in the Southern, Eastern and Northern Districts of New York, Second Circuit U.S. Court of Appeals, and Supreme Court of the United States. He worked as a litigation associate at Stroock & Stroock & Lavan LLP, in Manhattan, and was then, sequentially, an associate, senior counsel, and then partner, and litigation managing attorney at Jacobowitz & Gubits, LLP, in New York’s Hudson Valley. At Jacobowitz & Gubits his primary practice areas included Federal Practice, Electronic Discovery, Estates Litigation, Employment and Discrimination Law, and Business Entity Disputes. Just prior to academia, he was Special Counsel at the Hudson Valley law fi rm Catania, Mahon, Milligram & Rider, PLLC. From February 2014 to November 2016, he was deputy corporation counsel and special labor counsel for the City of Port Jervis.
Dr. Fox served for 14 years as a delegate in the New York State Bar Association’s governing body, the House of Delegates (2008–2014; 2015–2023). He is a former vice president for the Ninth Judicial District of the New York State Bar Association and a former member of the NYSBA Executive Committee (2017–2019). Before that he was a Member-at-Large of the NYSBA Executive Committee (2015–2017). He previously served as a delegate in the American Bar Association House of Delegates (2008–2014). He is a member of the NYSBA Commercial & Federal Litigation Section and a past Chairperson of the Young Lawyers Section (one of the largest NYSBA sections). He serves on the NYSBA Committee on Professional Discipline and Committee on Legal Education and Admission to the Bar, among others; is a former co-chair of the ComFed Committee on Electronic Discovery; and is a member and former inaugural Chair of NYSBA’s Standing Committee on Communications and Publications. He served as a member of the critique faculty of the NYSBA YLS Trial Academy program, held at Cornell Law School, from 2013–2017; in 2017 and 2018 he served as a team leader and lecturer at Trial Academy; and in 2019 he was a lecturer and critique faculty for the 10th Anniversary Trial Academy. He is a former member of the Board of Directors of the Orange County Bar Association and a former member of the Board of Directors of the Greater Newburgh Symphony Orchestra. He is a member and the Chairperson of the Advisory Board of the Food Bank of the Hudson Valley. He is a member of The Sedona Conference and its Electronic Document Retention & Production—Working Group 1.
From September 2019 to March 2021, Professor Fox was the co-host of a podcast of the New York State Bar Association, Gold/Fox: Non-Billable , which spoke with practicing attorneys and judges who had interesting hobbies, or with those who held law degrees and worked in nontraditional careers. The 31 episodes from the three seasons of the podcast are still available on Apple iTunes/Podcast App, Spotify, and Google Play. He has also authored the book A Guide to Diversity and Inclusion in the 21st Century Workplace (N.Y. St. Bar Ass’n Publ. 2020, 2nd ed. 2021) and has authored/co-authored articles and CLEs, and spoken at programs/symposia, on Federal civil procedure, attorney–client privilege and work product, electronic discovery and social media, evidence, parent–child evidentiary privilege, professional ethics, DEI and employment law, and prelaw advice.
Primer for an Evolving eWorld should circulate around every law firm, as each chapter will resonate with a different lawyer and educate him or her on new areas of digital practice they should have known about.
Mark A. Berman
New York Law Journal
February 24, 2021
The third edition of this book continues to serve as both an educational and reference resource, regardless of whether one is an attorney, judge, paralegal, businessperson, student, self-represented litigant, or member of the general public who wishes to be an informed Citizen. With our world moving more and more to numerous online platforms, work-from-home arrangements and social media - particularly in light of and following the rise of COVID - this book will leave the reader educated on major components of multiple areas of law impacted by electronics, including eDiscovery and evidence authentication, estate planning, ethical considerations for attorneys and businesses engaged in legal disputes, and ethical concerns for judges and jurors engaged on social media. Further, the reader will be conversant on important topics that are becoming commonplace in our society - texting and driving, revenge pornography, online bullying, First Amendment speech and social media, data security, artificial Intelligence, and more. All with case and rule cities in key legal areas available at one's fingertips.
"Evolving eWorld is a must read...What makes Evolving eWorld unusual is that it transcends practice areas...Evolving eWorld is a book that should circulate around every law firm, as each chapter will resonate with a different lawyer and educate him or her on new areas of digital practice they shoudl have known about. Evolving eWorld seeks to provide the answers to a plethora of digital issues, and there is now no excuse for not knowing the answer."
- Mark A Berman, Esq. member of Bond, Schoeneck & King PLLC; Book Review, The New York Law Journal, eDiscovery columnist, The New York Law Journal; founding Chair of the N.Y. State Bar Association's Committee on Technology and the Legal Profession
Acknowledgments
Foreword
Introduction: Exponential Growth and Rapid Change in eWorld
Chapter 1 The Ground Rules for Electronic Discovery
1.1 The Rules and Governing Authorities
1.2 Alternative Sources of Information
1.3 Attorney and Litigant Preservation Obligations, Reasonableness of Accessibility
1.4 More Specific Information—Preservation Orders
1.5 Briefly on FOIL and FOIA in a Realm of e-Discovery
1.6 Costs and Cost-Shifting
1.7 Rule 26(b)(5)(B), “Claw-Back” and “Sneak-Peek” Procedures
1.8 Impact of FRE 502(d)
1.9 Technology- and Computer-Assisted Review (TAR and CAR), Computer-Assisted Coding, and Predictive Coding
1.10 Sanctions, FRCP 37(e), Changing Seas, No More Safe Harbor
1.11 Service of Process by Electronic Means?
1.12 Conclusion
Chapter-End Questions
Chapter 2 The Cloud, Its Usage, and Ethical Concerns
2.1 What Is the Cloud?
2.2 Versions of the Cloud
2.3 Cloud Computing and Unintentional Storage of Information
2.4 Ethical Considerations for Attorneys Utilizing Cloud Storage
2.5 Survey of Several Other States’ Ethical Guidance
2.6 Conclusion
Chapter-End Questions
Chapter 3 Social Media and E-Mail Discovery
3.1 Introduction
3.2 Background—No Expectation of Privacy in Social Media
3.3 The Law Pertaining to Discovery of Social Media Accounts
3.4 The Law Pertaining to Discovery of E-Mail and Text Messages
3.5 Issues with Discovery Demands and Objections
3.6 Reminder Concerning the Importance of Preservation
3.7 Law Enforcement and Mobile Device/Social Media Searches
3.8 Electronic Materials and the United States’ Border
3.9 Caution! User Agreements May Address Release of Information
3.10 Conclusion
Chapter-End Questions
Chapter 4 Data Security, Biometrics, Privacy Laws, and Cybersecurity
4.1 Introduction
4.2 Cybersecurity and Data Security
4.3 Privacy: The European Union’s GDPR, Brazil’s LGPD, New York’s SHIELD Act, California’s CPA, and Illinois’s BIPA
4.4 Conclusion
Chapter-End Questions
Chapter 5 Ethical and Legal Considerations for Social Media and Technology: Attorneys
5.1 Introduction—Attorney Ethical Obligations
5.2 Relevant Ethical Rules at Issue—Attorney Activities and Conduct
5.3 Use of Email to Communicate with Attorneys/Clients
5.4 Attorney Contact/Research of Parties or Witnesses Using Social Media
5.5 Attorney Advice to Clients Concerning Their Social Media
5.6 Disbarment Is a Potential Penalty for Egregious Violations
5.7 Conclusion
Chapter-End Questions
Chapter 6 Ethical and Legal Considerations for Social Media and Technology: Jurors
6.1 Introduction
6.2 The Background and Rules/Instructions for Jurors
6.3 Some Jurors Ignore the Rules/Instructions, Creating Legal Issues
6.4 Jurors Who Are Social Media “Friends” with Litigants/Parties or Others
6.5 Preserving Challenge to a Juror
6.6 What Contact May Attorneys Have with Potential Jurors? What Information May Attorneys Gather in Voir Dire (Jury Selection) and Beyond?
6.7 Conclusion
Chapter-End Questions
Chapter 7 Ethical and Legal Considerations for Social Media and Technology: Judges
7.1 Introduction
7.2 Can a Judge Have a Social Media Account?
7.3 Potential Impact of a Judge’s Active Use of Social Media
7.4 Conclusion
Chapter-End Questions
Chapter 8 Examples of Societal Concerns and Social Media
8.1 Teenagers and Driving While Texting
8.2 Teenagers and “Sexting”
8.3 Teenagers and Cyberbullying
8.4 Revenge Pornography and the Dark Underbelly of Social Media
8.5 Wrongful Social Media Posts Can Have Associated “Costs”
8.6 Conclusion
Chapter-End Questions
Chapter 9 A Specific Societal Concern and Social Media: Texting to Drivers
9.1 Introduction
9.2 In the State of New Jersey, Senders Should Be Wary
9.3 In the States of New York and Michigan, It Is Drivers Who Must Beware
9.4 Courts Might Order Access to Data as Evidence, Even if the Driver Is Incapacitated or Deceased
9.5 A Concluding Word on the Matter
Chapter-End Questions
Chapter 10 Authentication of Electronic Evidence for Trial
10.1 Introduction
10.2 Authentication versus Admissibility, Judicial Notice
10.3 State and Territorial Standards for Authentication of Electronic Evidence
10.4 Federal Standards for Authentication of Electronic Evidence
10.5 Conclusion
Chapter-End Questions
Chapter 11 Electronics in Our Futuristic World: Tech and COVID-19, the Rise of Artificial Intelligence, and Beyond
11.1 Introduction
11.2 Select Laws and Orders in the Face of the Pandemic
11.3 COVID-19 and Law Practice: How Different Things May Look
11.4 Artificial Intelligence—the Future is Here
11.5 Note of Caution—Virtual Arbitration Proceedings & Electronic Practices
11.6 Briefly: Tracking Users Through Apps, First Amendment & Social Media, Technology & Human Trafficking, Copyright & Social Posts, and AI Bias in Employment
11.7 Conclusion
Chapter-End Questions
Chapter 12 The “Final Chapter”—What Happens to Electronic Assets After Death?
12.1 Introduction
12.2 Scenarios to Consider
12.3 Relevant Provisions of Law
12.4 Review of the Scenarios Posed Earlier to Apply the Law
12.5 Conclusion
Chapter End Questions
Appendix 1 Model Rule 502(d) Order
Appendix 2 March 7, 2022 Administrative Order, New York State Courts, re. New Provisions and Amendments of Section 202.70 (Rules of the Commercial Division of the Supreme Court)
Appendix 3 December 7, 2021 Administrative Order, New York State Courts, re. New Rule 37 (Rules of the Commercial Division of the Supreme Court) Regarding Remote Depositions, Together with Stipulation & [Proposed] Order Concerning Protocol for Conducting Remote Depositions
Appendix 4 Model Litigation Hold Letter—Internal/To Client
Appendix 5 Model Joint Electronic Discovery Submission and Order
Appendix 6 Model Litigation Hold Letter—External/Opposing
Appendix 7 Several Gubernatorial Executive Orders Related to COVID-19 and Remote/Virtual World
Appendix 8 Several New York Judicial Administrative Orders and Messages Related to COVID-19 and Remote/Virtual World
Appendix 9 Order of the Then-Chief Judge for the United States Court of Appeals for the Second Circuit Related to COVID-19 and Remote/Virtual World
Glossary of Key Terms
Subject Index
Case Index
Answers to Chapter End Questions
About the Author
Professor Michael L. Fox is tenured associate professor of business law, and a former graduate program (MBA) coordinator, in the School of Business at Mount Saint Mary College, in Orange County, New York. He teaches courses in the undergraduate business and master of business administration programs. As of July 1, 2023, he is the Chairperson of the School of Business, and the 2023–2024 Chair of the Faculty Senate/Chair of the Faculty. He also serves as the college’s pre-law advisor. In addition, he is an adjunct associate professor of law in professional responsibility in the J.D. and LL.M. programs at Columbia University School of Law in New York City.
Dr. Fox received his bachelor of arts (B.A.) degree, Phi Beta Kappa and summa cum laude , from Bucknell University, with a major in economics/minor in biology. He was elected to Phi Beta Kappa in his junior year. Thereafter, at graduation, he received the award for highest class standing in the major of economics. Dr. Fox received his doctor of law (J.D.) degree from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and articles editor on the Columbia Business Law Review.
Professor Fox served as a law clerk to Hon. Lawrence E. Kahn, US District Judge, Northern District of New York, in Albany. He has been rated AV-Preeminent by Martindale- Hubbell since 2015 and was selected to the Upstate New York Super Lawyers list from 2013 through 2016 while engaged in the practice of law. He is admitted to practice in New York State, as well as in the Southern, Eastern and Northern Districts of New York, Second Circuit U.S. Court of Appeals, and Supreme Court of the United States. He worked as a litigation associate at Stroock & Stroock & Lavan LLP, in Manhattan, and was then, sequentially, an associate, senior counsel, and then partner, and litigation managing attorney at Jacobowitz & Gubits, LLP, in New York’s Hudson Valley. At Jacobowitz & Gubits his primary practice areas included Federal Practice, Electronic Discovery, Estates Litigation, Employment and Discrimination Law, and Business Entity Disputes. Just prior to academia, he was Special Counsel at the Hudson Valley law fi rm Catania, Mahon, Milligram & Rider, PLLC. From February 2014 to November 2016, he was deputy corporation counsel and special labor counsel for the City of Port Jervis.
Dr. Fox served for 14 years as a delegate in the New York State Bar Association’s governing body, the House of Delegates (2008–2014; 2015–2023). He is a former vice president for the Ninth Judicial District of the New York State Bar Association and a former member of the NYSBA Executive Committee (2017–2019). Before that he was a Member-at-Large of the NYSBA Executive Committee (2015–2017). He previously served as a delegate in the American Bar Association House of Delegates (2008–2014). He is a member of the NYSBA Commercial & Federal Litigation Section and a past Chairperson of the Young Lawyers Section (one of the largest NYSBA sections). He serves on the NYSBA Committee on Professional Discipline and Committee on Legal Education and Admission to the Bar, among others; is a former co-chair of the ComFed Committee on Electronic Discovery; and is a member and former inaugural Chair of NYSBA’s Standing Committee on Communications and Publications. He served as a member of the critique faculty of the NYSBA YLS Trial Academy program, held at Cornell Law School, from 2013–2017; in 2017 and 2018 he served as a team leader and lecturer at Trial Academy; and in 2019 he was a lecturer and critique faculty for the 10th Anniversary Trial Academy. He is a former member of the Board of Directors of the Orange County Bar Association and a former member of the Board of Directors of the Greater Newburgh Symphony Orchestra. He is a member and the Chairperson of the Advisory Board of the Food Bank of the Hudson Valley. He is a member of The Sedona Conference and its Electronic Document Retention & Production—Working Group 1.
From September 2019 to March 2021, Professor Fox was the co-host of a podcast of the New York State Bar Association, Gold/Fox: Non-Billable , which spoke with practicing attorneys and judges who had interesting hobbies, or with those who held law degrees and worked in nontraditional careers. The 31 episodes from the three seasons of the podcast are still available on Apple iTunes/Podcast App, Spotify, and Google Play. He has also authored the book A Guide to Diversity and Inclusion in the 21st Century Workplace (N.Y. St. Bar Ass’n Publ. 2020, 2nd ed. 2021) and has authored/co-authored articles and CLEs, and spoken at programs/symposia, on Federal civil procedure, attorney–client privilege and work product, electronic discovery and social media, evidence, parent–child evidentiary privilege, professional ethics, DEI and employment law, and prelaw advice.
Primer for an Evolving eWorld should circulate around every law firm, as each chapter will resonate with a different lawyer and educate him or her on new areas of digital practice they should have known about.
Mark A. Berman
New York Law Journal
February 24, 2021