法律不确定时期的伦理管理实践.pdf

1、Managing Legal Ethics in Uncertain TimesKirk J.NahraWilmerHale(202)663-6128Kirk.NkirkjnahraworkSession OverviewTechnology continues to develop and change rapidlyPrivacy and data security law cannot keep pace with technological changesA perfect storm for lawyers and privacy professionals you cant pos

2、sibly keep up with everything,theres too much technology and the law is moving in unpredictable and often unexpected ways Is it realistic for lawyers to keep up with(all of)the developments?Tremendous amount of uncertainty in applying existing law to new technologies and few right answersBeing a law

3、yer in this environment is not just about applying the law to factsNeed to think ahead,be thoughtful,have good instincts,and exhibit sound judgementComplicated issues involving risks and enforcement possibilitiesSession OverviewThink about several questions throughout the discussionHow do I give adv

4、ice when the answer is unclear?How do I give advice when I dont fully understand the technology?How do I give advice when the law is changing in ways that cannot realistically be predicted?How do I give advice about enforcement risk(both in terms of regulator awareness and regulator interest)?If the

5、“law”says you cant do it,can I advise that its ok?How do you handle laws that give companies a“cure”period?Obligations from the unexpected What do you do when there is unexpected guidance/enforcement?Do you have an obligation to go back over previous advice?What do you do when you do not fully under

6、stand the technology?How well do I need to be able to predict the future?State of U.S.Privacy and Data Security Law Unprecedented pace of change -with likelihood of continuation of this pace-Vast array of new laws at state and federal level At least 14 states with“comprehensive”privacy laws and many