Date: Friday, June 11, 2004

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 12:45 PM

You have integrated technology into all areas of your practice which most likely has enhanced the efficiency, output and profitability of your law practice. However, it is critical that you be aware of the possible risks inherent in the use of technology and take care to avoid delivering legal services at less than full compliance with legal ethics standards. You should also know how technology can be used with care to increase compliance with ethical rules. Ethical Jeopardy brings you experts in both the use of technology and the rules of professional conduct to provide you with the knowledge you need to prevent ethical violations.

Increased shifts to computer records and processing and email communication change the picture for conflicts, confidentiality and records preservation purposes. These changes include new ways of looking behind privilege and work product shields of documents at metadata and draft steps built into transaction and litigation documents, burdens of taking and responding to discovery of email and other electronic records, vulnerability to taking or sabotaging records and uses of the products of electronic processing for evidence, chalks/demonstratives, trial preparation and transactions.

• What is metadata & how can it violate confidentiality?
• How much protection do you get from website disclaimers?
• What happens to deleted email?
• What are your ethical obligations concerning the use of passwords?

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Professor David Hricik, teaches Patent Law & Litigation; Professional Responsibility; Civil Procedure; and Remedies. Professor Hricik practiced law, principally in patent and complex commercial litigation, first with Baker Botts, then as a founding partner of Slusser & Frost, and finally with Yetter & Warden (Of Counsel, 2000-2002). He is a member of the Professionalism & Ethics Committee of the American Intellectual Property Law Association and chaired the Ethics & Professional Responsibility Committee of the Intellectual Property Section of the American Bar Association. He also served as a member of the Texas Disciplinary Rules of Professional Conduct Committee of the Texas State Bar. Professor Hricik has taught law at the University of Houston Law Center and the University of Texas School of Law and other courses at St. Edward's Graduate School of Management. He has numerous publications and presentations on legal ethics and patent practice and his website, http://www.hricik.com, contains various ethics and intellectual property resources.

Professor Beckerman-Rodau is a professor of law and co-director of the Intellectual Property Law Concentration at Suffolk University Law School in Boston. He is also an engineer and registered patent attorney. He is admitted to practice in Ohio and Massachusetts. Prior to joining the faculty at Suffolk, he was a tenured professor at Ohio Northern University Pettit College of Law. Professor Beckerman-Rodau has practiced patent and intellectual property law with law firms and corporations in Massachusetts, New Jersey, and Pennsylvania. He was also a lecturer in law and research fellow at Temple University in Philadelphia. Professor Beckerman-Rodau has authored articles on business associations, computer software and intellectual property and has published case books on agency and partnership and business organizations.

Jerry Cohen, Esq., is Chairman of the Science & Technology Department at Perkins, Smith & Cohen, LLP in Boston, Massachusetts and has more than 40 years of experience as a lawyer dealing with patent, copyright, trademark, unfair competition, licensing/franchising, visual arts, software, database and publications law, legal ethics and the administration of justice. He has served as an expert witness, arbitrator, and mediator in intellectual property matters. Mr. Cohen is the Co-author with Allen S. Gutterman, Esq. of Trade Secrets Protection & Exploitations (BNA Books, 1998). Mr. Cohen is a past chair/organizer of the Boston Bar Association Annual Computer/Telecommunications Institutes, a chair/organizer of the Massachusetts Continuing Legal Education Multi-Media Seminars. He has written numerous articles on Intellectual Property Law including "Ethical Issues in Intellectual Property" a chapter of the first and second editions of the MCLE book, Ethical Lawyering in Massachusetts (Bolan et al, Ed., 1992, 1998) and "The Five W's of Intellectual Property" (RI Bar Journal, May/June 2002).

Professor Andrew Perlman received his B.A., Yale College; and his J.D., Harvard Law School; and an LL.M., Columbia Law School. He has been admitted to the Bar in Illinois, N.D. Illinois, Seventh Circuit Court of Appeals. After graduating from law school, Professor Perlman served as a law clerk for a United States District Court judge in Chicago. He then practiced as a litigation associate with the Chicago firm of Schiff Hardin & Waite, where he worked on a wide range of cases, including products liability, antitrust, and contracts disputes. Professor Perlman subsequently became an associate-in-law at Columbia Law School, where he taught legal research and writing, conducted research on professional responsibility issues, and received his LL.M. At Suffolk Law School, he teaches Professional Responsibility, Civil Procedure, and Federal Courts.