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Acknowledging the impact of technology on the legal profession and the sharing of potentially confidential information, the ABA Commission on Ethics 20/20 released its draft recommendations for online legal marketing and contact with prospective and potential clients last week. Instead of revamping the rules entirely and imposing new restrictions, the ABA Journal reports that the commission felt that lawyers could simply use more guidance on how new technology fits within the confines of existing legal ethics rules....

The present-day version of Federal Rule of Civil Procedure 37(e) contains a safe harbor for routine, good faith destruction of electronically stored information (ESI). “Whoops. We deleted it per our regularly-scheduled maintenance. Our bad.” Even with that safe harbor, however, companies find themselves adopting overbroad preservation measures to ensure that they will avoid sanctions, a situation exacerbated by inconsistent law across the states. In some cases, the potential penalties are so severe that companies settle just to avoid the possibility of sanctions....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. The fact that states and nations do not line up neatly on the geographical global map continues to create international problems. Under the Montevideo Convention of 1933, a state is defined as “an entity that has a defined territory and a permanent population under the control of its own government, and that engages in or has the capacity to engage in, formal relations with other such entities....

We all knew it was only a matter of time before the once dominant BlackBerry would give way to Samsung and Apple devices on Capitol Hill, and it looks like that day is finally here. The U.S. Senate has stopped handing out BlackBerry devices to its staffers, according to Politico. Apparently the launch of the latest BlackBerry device couldn’t staunch the winds of change. No matter for the company’s CEO John Chen, who made a promise that the BlackBerry devices would become profitable again....

Denise Keane, leader of the legal department at Altria Group, made around $6.5 million in cash last year. And, she’s landed the position of No. 1 amongst General Counsel compensation, reports the ABA Journal. Before you get green with envy, know this: she got $5.7 million as a nonequity incentive bonus, reports the ABA Journal. No small amount of change for a bonus - which is likely going to incentivize her plenty....

Federal agencies, that fourth branch of government, have been increasing regulation and enforcement actions in the past years, expanding readings of federal employment laws, targeting individual corporate officers, and even inching closer and closer to institutions once considered “too big to jail.” And as government enforcement becomes increasingly robust, many old lessons are starting to change. To help you stay on top of it all, here are our top pieces on recent government litigation and enforcement trends, from the FindLaw archives....

Image metadata is what led to software pioneer John McAfee’s arrest, which has led a lot of people, especially lawyers, to ask what metadata is and how it may affect litigation. It’s not an incomprehensible technology, but it is a powerful tool for finding information about digital documents and images. Unless you take the time to strip it out, there is revealing metadata on every digital file you have, including briefs and evidence photos....

Attorneys are often expected to put in long hours at the office. Just because the courts or businesses close at 5, that doesn’t mean you have to (or can) stop working. Associates know all too well that after 5 is when the phones go to voicemail automatically, and you can actually get work done. However, there’s a fine line between working long hours and being a workaholic. Though neither is really good for your health, a new Harvard Business Review study suggests that the workaholic mindset is worse for your health than working long hours....

Nursing homes. We can’t live without them, and sometimes we can’t live in them either. So how can you resolve a wrongful death claim against a nursing home? The answer depends on whether the patient who resided at the home signed an arbitration agreement, according to the Eleventh Circuit Court of Appeals. For example, Edith Entrekin was admitted to Westside Terrace, a nursing home in Dothan, Alabama after suffering a major heart attack....

While dogs in the office is less a thing for legal practitioners than it is for, say, tech bros, every lawyer probably knows some lawyer that brings their dog (or dogs) to the office regularly. Dog owners and dog fans know that breed matters less than a dog’s individual personality and temperament. And though your dog’s breed might tell clients, colleagues and even opposing counsel, something about you; your dog, and how it acts, can also signal just what type of lawyer you are....

You’re an attorney, not the IT guy, and when it comes to most tech issues, clients usually know to go to (nerdier) experts. But with so many tech problems having legal implications today, you still have to be versed in common tech issues. To help you out, here are five tech issues almost every lawyer should be ready to discuss with their clients, taken from the FindLaw archives. The eDiscovery market is booming, fueled in part by massive increases in data collection and retention....

Just in time for Mardi Gras, a state appeals court is considering whether young women may bare their breasts in Louisiana. But revelers shouldn’t worry about flashing for beads along the streets of New Orleans during the annual carnival. The U.S. Fifth Circuit Court of Appeals is focused on nude entertainers there. Louisiana passed a law that prohibits women under age 21 from stripping. A trial judge said the law was unconstitutional, but the appeals court justices are taking another look....

Last week, we discussed the burgeoning legal department operations (“LDO”) manager position in corporate legal departments. The relative newness is exemplified by the fact that LDO managers have been surveyed for less than ten years. But during that time, the field has grown, and with large corporations the likes of Ford Motor Co. and DuPont Legal leading the way, the number of LDO manager positions is likely to continue expanding....

Dropbox makes it easy for attorneys to store files online and access them remotely. Files can be shared between members of an office with a simple click and then stored in an easy to find location rather than under lawyers of email. When you’re working on a big case or have important notes there’s no need to save in multiple locations. That can be a big time saver for any law office....

In a 42 U.S.C. section 1983 action claiming that a university denied plaintiff fraternity official recognition because of its refusal to adhere to the university’s nondiscrimination policy in violation of the First Amendment, plaintiff’s appeal from the denial of a preliminary injunction is dismissed as moot where the university amended its nondiscrimination policy to allow plaintiff to register as a student organization. Read Beta Upsilon Chi Upsilon Chapter v. Machen, No....

Though Microsoft has released three major operating system since Windows XP, 39 percent of PCs world-wide still use the venerable, reliable, bullet-proof software, according to the Wall Street Journal. This creates a problem for Microsoft. Not only does it mean that 39 percent of the PCs haven’t had paid upgrades to the new platforms, but it also means that Microsoft has to continue dedicating resources to supporting, and securing, the elder statesman of operating systems....

With Chapter 11 becoming a popular option for companies big and small, an In House associate may be ready to brush up on what is involved before offering advice on the process or calling up outside counsel. Here is an rundown of what to expect as a company makes its way through a Chapter 11 filing: Continuing Operations. Filing for Chapter 11 makes the company a “debtor in possession” with a right to retain property of the estate and continue operating the business....

Can a law amending state payroll protocols violate free speech rights? Last week, the Eleventh Circuit Court of Appeals ruled that the answer to that question turns on the state’s interpretation of the law. Alabama permits public employees to request that the Alabama State Comptroller arrange for the payment of membership dues for employee organizations by payroll deductions. In 2010, the Comptroller’s Office changed its policy regarding such deductions, and declined requests for deductions that benefited organizations involved in political activities, including the Alabama Education Association, and its political action committee, A-VOTE....

Looking to get into hacking? Forget Ashley Madison or the State Department. Corporate legal departments are the easiest targets. That’s the lesson from a new report on data breaches released by Verizon recently. The report, which examined threats to data security across industries, looked in part at responses to 150,000 phishing emails. Phishing is a form of email fraud where messages appear legitimate in order to steal sensitive information. For example, a phishing email may disguise itself as a message from a bank, asking for your account information, or an update from H....

The rise of house-sharing via services like Airbnb raises an interesting question: Could this open the door for ADA lawsuits? The Americans with Disabilities Act provides for a private right of action by disabled people against establishments that aren’t ADA complaint. It’s hard to dispute that the Act has been great for ensuring equal access to public facilities for everyone, regardless of ability or disability. But with the rise of the “sharing economy” and cities regulating Airbnb rentals as though they were hotels, could house-sharing become the next battleground for ADA violations?...