Anthony Davis Writes about Ethical Obligations of Lawyers to Protect Client Information Stored on Mobile Devices while Traveling Abroad
In The News | 1 min read
Sep 7, 2017
Anthony Davis authored a New York Law Journal article titled "Threading the Needle: Protecting Client Information From U.S. Border Searches." In the article, Davis explores the risks lawyers face when travelling internationally and carrying mobile electronic devices that contain confidential client information. In particular, Davis reviews these risks in the light of the NYC Bar's recently issued Formal Opinion 2017-5.
Davis notes that while the Opinion assesses the risks that lawyers may face when trying to protect data on devices they bring in to the U.S., it is flawed in several respects. Davis describes how Opinion 2017-5 only addresses issues that may arise when entering the United States from overseas, not those associated with taking information outside the United States and overseas into foreign jurisdictions. In relying on the Rules of Professional Conduct that lawyers management of client data must be "reasonable," the Opinion does not present clear and uniform guidance as to how that applies in practice when lawyers take devices containing confidential client data overseas (or bring them back into the United States). "What is needed is clear and specific guidance as to what is required, what is permitted, and what is unacceptable, when lawyers travel overseas with devices containing client information," Davis said. "This clarity is not provided by Opinion 2017-5, and arguably is beyond the scope of any ethics opinion."
Featured Insights

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 17, 2026
Federal and State Regulators Continue Crackdown on Junk Fees

Press Release
Sep 17, 2026
Defense Verdict Reduces $134 Million Demand to $2 Million in Catastrophic Motorcycle Injury Case

Insights for Insurers Alert
Sep 16, 2026
America 250: The Nation’s Unique Contributions to Insurance Coverage Law and Litigation

In The News
Sep 15, 2026
Lucy Wang Discusses the California Insurance Commissioner’s Role in Protecting Consumers

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

