Future Shock: Rapid Changes in the Cyber Landscape Affect Non-Cyber Lawyers

An attorney need not practice in the cyber or technology fields to be affected by changes in those areas. As those changes come more rapidly, some lawyers and firms are experiencing a form of “Future Shock,” a syndrome first described in the 1970s. 

 

This program will address this shock and how it affects both in the practice of law, and compliance with ethical duties.

 

Topics to be covered include: 

 

• The Good, the Bad, and the Ugly of Technology and Cyber

• The Good: Changes in Technology Improve Lawyers’ Ability to Represent their Clients.

• The Bad: Drawing the Work/Life Line when Technology is Ubiquitous. 

• The Ugly: Means and Methods of Cyber Attacks Change Quickly, and Law Firms are Prime Targets

 

Ethics (One hour)

 

• Rule 1.1: The duty of competence 

• Rule 1.3: Diligence and Promptness—What does “Prompt” Mean today

• Rule 1.4: Communications—Can I Email, Text, or Chat? Should I? *Rule 1.6: Confidentiality

• Rule 5.1: Responsibilities of Partner/Supervising Lawyer

 

Presenter Bios 

 

Barry Miller is a Partner and Office Chair in Freeman Mathis & Gary’s Lexington, Kentucky office. He has spent 30 years in the courtrooms of Kentucky. He has been recognized as a Super Lawyer every year since 2013, and also has been recognized by Best Lawyers in the field of Commercial Litigation. 

 

Mr. Miller’s coverage and bad faith practice includes matters involving thoroughbred horses, coal mining, trucking and transportation, pollution, municipal liability, and alleged police misconduct.  His work has included cases involving   Personal and Commercial Automobile Policies, Commercial General Liability Policies, Cyber Insurance Policies, Employment Liability Policies, Errors & Omissions Policies, Directors & Officers Policies, Cargo Throughput Policies, Commercial and Homeowners Property Policies, and Municipal Liability Policies. He also has extensive experience litigating a variety of complex commercial disputes in federal and state courts. Mr. Miller's experience encompasses disputes involving real estate, franchises, contracts and shareholder claims as well as claims for unfair and deceptive trade practices. Further, he has litigated claims involving director and officer liability, business torts, false claims act/qui tam claims and misappropriation of trade secrets.

 

As a seasoned trial lawyer, Mr. Miller is also called upon by the firm’s clients to defend catastrophic injury claims, whether they arise from transportation, construction, real property, or assaults, including sexual torts. He also has represented manufacturers in the defense of product liability cases. His professional liability practice includes the defense of homeowner associations, real estate professionals, and escrow offices with respect to real estate transactions, as well as professional geotechnical and structural engineers and contractors named in construction litigation involving multiple types of residential and commercial construction.

 

In addition, Mr. Miller is also designated as a Certified Information Privacy Professional in U.S. Law (“CIPP/US”). His technology-related work goes back to the late 1980s, when he was the first associate in his law firm to use a computer in his law practice. Since then, Mr. Miller has represented technology companies, as well as private and government institutions that have experienced data breaches or incidents. He is a frequent speaker to local and national groups on technology related issues, and their effects on general business practices, claims handling, and the practice of law. 

 

Mr. Miller’s pre-law experience as a newspaper reporter has aided his practice in several defamation cases, and in coverage matters related to personal and advertising injury.

 

 

Lisa Gentile is a Partner at Freeman Mathis & Gary's Columbus office. Ms. Gentile’s primary area of focus is on insurance defense litigation, including auto and commercial trucking, premise liability, and medical malpr