Your Ethical Duties: Protecting Client Confidences

Level: Advanced
Runtime: 90 minutes
Recorded Date: April 22, 2018
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10:15 am - 11:45 am
  • Protecting Client Confidentiality
  • Ethical Obligations
  • The Scope of the Duty of Confidentiality
  • ABA Model Rules 1.6(c) and 5.3
  • ABA Formal Opinion 477
  • Adapting to New Technologies
  • Supervising Third Parties
  • Client Audits
  • Personally Identifiable Information (PII)
  • Who should be on your Incident Response Team?
  • Wireless Network, Smartphone, and Bluetooth Security
  • Property of the Estate
  • Client Counseling Issues
Runtime: 1 hour and 30 minutes
Recorded: April 22, 2018


This panel will focus on the duties professionals have to protect electronically stored client information, best practices, ethical obligations and business considerations.

This program was recorded on April 22nd, 2018.

Provided By

American Bankruptcy Institute


Nicolette C. Vilmos

Broad and Cassel, LLP.

Nicolette C. Vilmos is a partner in the Orlando, Fla., office of Broad and Cassel LLP and chairs the firm’s Bankruptcy and Creditors’ Rights Practice Group. She concentrates her practice on complex business litigation, including bankruptcy, intellectual property, banking law, foreclosures, lender liability, shareholder and business disputes, statutory shareholder-valuation matters, noncompete litigation and landlord/tenant matters across the state of Florida. She also has extensive appellate experience both state and federal courts. Ms. Vilmos’s bankruptcy and creditors’ right practice includes the representation of creditors, trustees, assignees, receivers and creditors’ committees. She has been involved in such complex business bankruptcy matters as the prosecution/defense of fraudulent and preferential transfers, creditor committee representation, receiverships, cramdown defense, valuations, involuntary bankruptcies and assignments for benefit of creditors (ABC) litigation at the state, federal and appellate levels. In the area of intellectual property, she has represented clients in cases relating to patent, trademark and copyright infringement, unfair competition, trade secrets, Internet law, and related computer and technology litigation. She regularly counsels her clients on the enforcement and defense of their intellectual property rights, and also works with lenders, asset managers and servicing agents in enforcing loan documents, dealing with pooling and servicing agreements, and working out problem loans.

Ms. Vilmos is rated AV-Preeminent by Martindale-Hubbell and has been recognized in Chambers USA: A Guide to America’s Leading Business Lawyers for 2014 and 2015, was named a “Florida Super Lawyer” by Law & Politics magazine for 2014 and 2015, received a “Women of Achievement Award” from the Women’s Executive Council of Orlando, and was named to the Orlando Business Journal’s “Forty Under 40” list in 2009. She is also a Fellow in the Litigation Counsel of America (LCA), an honorary society composed of less than one-half of one percent of American lawyers. Ms. Vilmos serves on the board of directors for the Central Florida Bankruptcy Law Association, is an active member of ABI and the International Women’s Insolvency & Restructuring Confederation, and serves on The Florida Bar’s Business Law Section’s Bankruptcy/UCC and Bankruptcy Judicial Law Committees.

She received her B.A. cum laude in 1998 from Stetson University and her J.D. cum laude in 2000 from Stetson University College of Law.

Elizabeth B. Vandesteeg

Sugar Felsenthal Grais & Hammer, LLP

Elizabeth B. Vandesteeg is a legal team leader and tactical advisor for business with Sugar Felsenthal Grais & Hammer LLP in Chicago, where her practice is focused on risk-identification and mitigation for her clients, primarily in the areas of business continuity and business tort, data security and privacy, and bankruptcy and restructuring. She counsels businesses in a wide variety of industries on issues such as contracting with third parties or partnership/ownership disputes and represents clients in state, federal and bankruptcy courts, in municipal and administrative proceedings, and using alternative dispute resolution processes.

Ms. Vandesteeg is experienced in nearly every facet of commercial bankruptcy and restructuring, having represented debtors, secured creditors, unsecured creditors and unsecured creditors’ committees. Within the bankruptcy arena, she has prosecuted complex adversary and contested litigation matters including, among others, actions to pierce the corporate veil, to undo fraudulent transfers and to avoid liens. She also assists clients in the development of reasonable and appropriate data security and privacy programs and policies related to use of technology, mobile devices or document retention.

She also advises clients on compliance with various regulatory and statutory requirements, including TCPA, CAN-SPAM, GLBA, and the newly effective New York State cybersecurity regulation applicable to financial and insurance institutions.

Ms. Vandesteeg received her B.A. from Columbia University and her J.D. from Boston College.

Bennett B. Borden

Partner, Chief Data Scientist, Chair of Information Governance & eDiscovery Group
Drinker Biddle & Reath LLP

Bennett B. Borden is a partner in the firm's Commercial Litigation Practice Group and Co-chair of the Information Governance and eDiscovery Group. He is also an executive managing director of the firm's ediscovery subsidiary, Tritura Information Governance LLC, which provides state of the art ediscovery technology and services to the firm's clients.

Bennett is a globally recognized authority on the legal, technology and policy implications of digital information. Bennett has focused his career on helping clients use the power of information governance to drive strategic litigation outcomes, reduce eDiscovery costs, and improve business operations.

Bennett is Chair of the Cloud Computing Committee and Vice Chair of the eDiscovery and Digital Evidence Committee of the Science and Technology Law Section of the ABA. He is also a founding member of the steering committee for the Electronic Discovery Section of the District of Columbia Bar, an Information Governance drafting group member of The Sedona Conference, an Advisory Committee Member for the Georgetown Paralegal Studies Program and a Board Member for the D.C. Chapter of ARMA. He is a frequent speaker and author and a guest lecturer at Georgetown University Law Center, the University of Virginia Law School, Temple University Law School, and the University of Maryland College of Information Studies.

In addition to conducting both offensive and defensive electronic discovery in complex litigation, Bennett has extensive experience counseling clients on the establishment of information governance and records management policies. He regularly advises multinational clients regarding data privacy, security, and regulatory compliance.

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