The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - October 2012 Edition

• Unauthorized Practice of Law — Federal Practice — Disclosure Obligations When Lawyers Practice in States Where They are Not Admitted 
• Lateral Movement — The Unfinished Business Rule
• Law Firms' Obligations When Personal Information in Their Control Is Hacked — Data Breach Legislation

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Former Client—Meaning and Scope of Duty of Loyalty

Oasis West Realty LLC v. Goldman, 51 Cal. 4th 811 (2011)

Risk Management Issue: What policies and procedures are required if law firms are to avoid breaches of the duty of loyalty to former clients?

RPC 4.4 – Receipt of Confidential Documents From Third Party – Motion to Disqualify Counsel

Merits Incentives, LLC, et al. v. Eighth Judicial District Court of the State of Nevada, et al., 262 P.3d 720 (Nev. 2011)

Risk Management Issue: When an attorney receives confidential documents regarding a case from an anonymous source, what steps must the lawyer take in order to avoid disqualification and to comply with of his or her ethical obligations?

Inadvertently or Improperly Received Communications—Use of Wrongfully Procured Documentary Evidence

White v. Withers LLP and Marcus Dearle, [2009] EWCA Civ 1122 (27 Oct. 2009)

Risk Management Issue: What are the duties of lawyers who receive documents from their clients which the client has (or may have) obtained improperly?

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This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.