1. The Cloud, Metadata, Social Networking, and You: How Technology is Changing the Practice of Law June 9, Dan Blackaby Mark Williams
First two classes introduced two key tools for case law research
􀂃 Secondary Sources, including using them to locate court decisions
􀂃 Statutes, including use of annotated codes, an important source for locating cases that interpret statutory code sections, court rules and constitutional provisions
o This class will discuss case law in more depth, and focus on some important skills:
􀂃 Full text searching for case law on Lexis and Westlaw (Terms, Connectors)
􀂃 How to use one case to find other cases on the same topic (w/headnotes)
o Next week’s class will address essential updating tools that can be used to determine if a case is still “good law”

2. What is cloud computing?

3. Ex: Google Data Centers
Where is the cloud?
Ex: Google Data Centers

4. Why lawyers are using the cloud
Flexibility
Simplicity
Cost Savings

5. Ethical Considerations
ABA Model Rule 1.1
Comment 8
ABA Model Rule 1.6(c)
Comments 18 & 19
New York Rules of Professional Conduct, Rule 1.6
NYSBA Ethics Opinions 842, 1019 & 1020

6. The Basics
When using an online system to store confidential client information:
Use reasonable care in maintaining one’s client confidentiality
Use reasonable care in preventing others from disclosing confidential information
Stay current with technology
Monitor the changing law

7. Using the cloud well
Require an enforceable obligation on the part of the provider to preserve confidentiality
Require the provider to give notice if served with process to produce client information

8. Using the cloud well Investigate the provider Security measures
Policies
Recoverability methods
 Legal Cloud Computing Association Standards (see handout)

9. Using the cloud well
Employ available technology to guard against reasonably foreseeable attempts to infiltrate the data that is stored

10. Using the cloud well
Preserve your ability to change providers, including
To purge and wipe all copies of data
To move data to a different host

11. Current Reality

12. Data Localization Laws
Data residency laws, also known as “data localization laws,” require that companies store certain types of data or records locally within a jurisdiction
Countries so far that have enacted or are debating some form of Data Residency Law
Russia
Kazakhstan
Germany
Indonesia
China
Brazil
Argentina
The Trans Pacific Partnership Agreement (TPP) expressly commits member countries to refrain from enacting data residency laws or local data center requirements
US withdrew on 23 Jan, 2017
US Trade Representative has designated such laws as a "foreign barrier to trade" in its 2017 Annual Report

14. What is metadata? Data about data
Data about the document itself and the file its packaged in

15. Kinds of metadata Substantive Metadata System Metadata
Commentary, paper descriptions, authors, keywords
System Metadata
Which computer, what program, which version
Embedded Metadata
Copyright statements, use restrictions

16. Metadata in MS Word

17. Metadata in PDF

18. Metadata in PDF

19. Metadata in PDF

20. Metadata Ethical Considerations
Metadata by state
NYSBA Ethics Opinion 749
NYSBA Ethics Opinion 782
New York Rules of Professional Conduct , Rule 4.4b
ABCNY Formal Opinion
ABA Formal Opinion

21. Tips About Metadata Always check
Scrubbing programs are available. Some for free. Be warned, you get what you pay for.
Some editorial, some generated by the very fact of using a computer. This impacts what you can eliminate.

22. - Ask group for examples.
- What are the examples for this for this presentation

23. Professional Uses for Social Media
Strengthening Communication
Making Connections
Gathering information
Communication
Marketing services
Connections
Building reputation
Gathering info
Staying current
Research on clients or in litigation

24. Social Media Ethical Considerations
New York Rules of Professional Conduct, Rule 1.1
ABA Model Rule 1.1
Comment 8
Competency = currency
- Understanding the benefits and risks associated with relevant technology in legal practice

25. Solicitation, Advertising, Advice Ethical Considerations
New York Rules of Professional Conduct, Rules 1.0, 7.1, 7.3, & 7.4
NYSBA Ethics Opinion 899 & 972
NYSBA Commercial and Federal Litigation Section Guidelines 1 &2

26. Litigation Concerns Pre-Litigation Investigation Service of Process
Discovery
Jury Selection
Monitoring Jurors Use of Social Media During Trial

28. Service of Process
litigators seeking to serve via a social media platform should be prepared to:
Prove the authenticity of related or associated accounts.
Demonstrate that the proposed service:
is not prohibited by applicable statutes or rules;
strictly complies with due process standards; and
is highly likely to reach the defendant (for example, by showing that the defendant regularly views and maintains the social media account).
Serve through or another method in addition to social media.

29. Evidence, Communication, Jurors Ethical Considerations
New York Rules of Professional Conduct, Rules 3.1, 3.3, , 4.1, 4.2, 4.3, 5.3, & 8.4
NYSBA Ethics Opinion 843, NYCBA Formal Opinion , NYCLA Formal Opinion 743
But see also: ABA Formal Opinion 466
NYSBA Commercial and Federal Litigation Section Guidelines Guidelines 3,4, & 5
See Also NYBSA Commercial and Federal Litigation Section’s “Social Media Jury Instructions Report” – December, 2015

30. Using social media You should… You can… You shouldn’t…
Know what your clients are using
Know that the rules are constantly evolving
Be aware that rules still vary depending on jurisdiction
Post accurate and professional information
Monitor your social media accounts
You can…
Access publicly available information
You shouldn’t…
Create a “dummy” profile
Live “chat” with potential clients

31. Questions?