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Cybersecurity and Ethics for Trial Lawyers: Managing E-Discovery Information Security Risks

This program offers 30 minutes of New York Cybersecurity, Privacy and Data Protection ethics credit.

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, April 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the trial lawyer's ethical obligations, professional responsibilities, and best practices concerning cybersecurity, privacy, and the protection of confidential, privileged, and proprietary electronic data and communications in the context of litigation, specifically documents and testimony created, produced, reviewed, or received during discovery. The program will review key cybersecurity issues, such as Rule 26(f) conference topics and best practices for working with third-party vendors.


The amount and sensitivity of data changing hands during discovery, often through multiple third parties, is highly attractive to cyber criminals. No law firm wants the monetary, reputational, and professional damage that would almost certainly follow a security breach.

Attorneys must understand their obligations to safeguard that information and to know how to do so. ABA Model Rules 1.1, 1.4, 1.6, 5.1, 5.2, 5.3, and 1.15 are the starting point. New York lawyers also must comply with relevant New York rules and statutes to protect digital information at all times.

Cybersecurity should be discussed at the Rule 26(f) conference to establish disclosure and remediation protocols in the event of a breach. Firms that fail to properly vet their discovery vendors and software--and insist on the same from opposing counsel--risk serious consequences. AI-powered hacking and "deep fakes" make securing remote deposition testimony vital.

Listen as this panel discusses what litigators need to know about cyber risks that arise during various stages of litigation, their ethical duties and responsibilities regarding cybersecurity, and best practices for mitigating those risks.



  1. Constitutional, statutory, and regulatory authorities
    1. ABA Rules of Professional Responsibility
    2. New York Rules of Professional Responsibility
    3. Formal opinions
    4. NIST (National Institute of Standards and Technology Cybersecurity Framework)
    5. CISA
    6. Federal Financial Institutions Examination Council Guidance
  2. Cybersecurity at the Rule 26(f) pretrial conference
    1. Due diligence on eDiscovery service and technology vendors
    2. Duty to disclose security breaches and plan for post-breach mitigation and remediation
    3. Security breach prevention and recovery
  3. Cloud security concerns


The panel will discuss these and other important topics:

  • What aspects of cybersecurity might be of heightened importance for a litigator?
  • How should cybersecurity protocols be negotiated in Rule 26 conferences and are they subject to proportionality limits?
  • Is a data breach "accidental" for purposes of clawback provisions?
  • What security measures might be required for remote depositions?
  • What is the risk of ESI reassembly and read-only dissection?


Backhouse, Denise
Denise E. Backhouse

Littler Mendelson

Ms. Backhouse provides focused guidance and expertise on information governance and electronic discovery matters to...  |  Read More

Black, Emily
Emily Westridge Black

Shearman & Sterling

Ms. Westridge Black is a partner in the firm’s Litigation practice. Her practice focuses on the representation of...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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