I’ve written a good bit here about the problems that the Department of Labor’s proposed new Persuader Rule interpretations present and, most recently, wrote a little bit about a Texas federal judge’s ruling issuing a preliminary injunction about the rule going into effect. My discussion of that ruling back at the end of June 2016 […]
Tag: Confidentiality
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Astonished and admonished.
So, on days like today, it is very difficult to have a forum (even one as small as this one) and not talk about truly important problems plaguing society, but no one comes here for my thoughts on those things so I’ll refrain. Staying in my lane, here is another example of a problem lawyers […]
An important development for labor lawyers that I delved into a bit recently here has now been put on hold. I managed to point out that there would be significant efforts aimed through litigation at stopping the rule from ever going into effect. Yesterday, a Texas federal district court has stayed the Department of Labor’s new […]
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Radiolab does the “buried bodies” case
Over the last couple of years, like a lot of other people, I have gotten very into listening to podcasts on my way to and from work and on car trips. Most of what I spend my time listening to is in the comedic vein (MBMBAM, Judge John Hodgman, You Talking U2 to Me), but […]
Throwback Thursday is definitely a thing all over the World Wide Web it seems, but maybe Tech Tuesday ought to be a thing? Though, I guess, for lawyers focusing on technology has to be an every day affair. Like multitudes of others, I wrote a little bit recently about the Panama Papers and the Mossack […]
Back in September, I wrote a bit about some different perspectives on the purpose of lawyer regulation and commented on a story that discussed a proposal that Colorado had in the works. On April 7, 2016, The Colorado Supreme Court took action to adopt a new “Preamble” that serves as the introduction to its rules […]
It’s an old adage that bad facts make bad law. In the last few weeks, a good number of pieces were written focusing heightened attention on an issue that many lawyers were already stewing about . . . technological vulnerabilities arising from how lawyers and law firms use (and don’t use) technology. Most of these […]
So, yesterday, I started writing about the potential ramifications for lawyers of the adoption by the Department of Labor of its final “persuader” rule which will become effective on April 25, 2016, but will only be applicable to agreements entered into on and after July 1, 2016. You can catch up on part 1 here. […]
The scope of confidentiality lawyers owe to their clients has long been a subject that I find fascinating. Over the last few years, I’ve mulled how its broad scope will continue to play out with current and future generations of both lawyers and clients who routinely, almost even instinctively, share seemingly every detail of their […]
A few months ago, I wrote a post about a frustrating Tennessee Ethics Opinion that offered guidance on lawyers’ obligations when responding to a subpoena for client information by, in part, treating a subpoena as if it were a court order. Last week, the ABA issued Formal Opinion 473, Obligations Upon Receiving a Subpoena or Other Compulsory […]