Monday, January 21, 2013

Law Firm Information Security: Alleged Breach Results in Malpractice Suit

We're seeing firms increasingly raise concerns about information security and prudent protective measures. Some are evaluating the move from a default open document management system towards a model where sensitive matters and information are more rigorously restricted.

From the Blog of the Legal Times comes a timely story on just this issue: "McDermott Facing Malpractice Lawsuit in Patent Dispute" --
  • "A former client of McDermott, Will & Emery is suing the firm for legal malpractice, claiming that a former partner improperly accessed confidential information related to patent applications and passed it along to family members."
  • "...former firm partner John Fuisz. Fuisz didn't represent Theranos, but Theranos and its chief executive officer, Elizabeth Holmes, accused Fuisz of using his position within the firm to access information."
  • "McDermott 'did not exercise reasonable care to prevent its employees, associates, and/or partners, including John Fuisz, from disclosing or using Plaintiffs' confidential information,' Theranos alleged in the complaint.
  • "In a written statement, McDermott partner and general counsel Alan Rutkoff said the firm 'is committed to maintaining the confidentiality of all of the information with which we are entrusted by our clients. The Firm tolerates no exceptions…. The Firm is aware of no misappropriation or any other wrongful conduct by Mr. Fuisz or by any other McDermott lawyer.'"

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