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Antitrust News & Information


Who Bears the Risk of Loss When a Hacker Targets a Settlement?

Author Steven Puiszis is a partner in the Chicago office of Hinshaw & Culbertson LLP. He serves as the Firm's General Counsel on Privacy, Security & Compliance. This timely article discusses Bile v. RREMC, LLC, a 2015 district court case which concluded that an attorney owes a duty to notify opposing counsel when the lawyer becomes aware that a hacker is targeting a settlement involved in one of the lawyer's cases. In addition to examining the district court’s ruling, Puiszis discusses risk management issues for lawyers and law firms, as well as social engineering and phishing risk management considerations. To conclude he provides a sample law firm policy that addresses these issues.

Creditors' Rights

ABA supports FDCPA, CFPB exemptions for creditor lawyers engaged in litigation

ABA President Hilarie Bass expressed the association’s strong support this month for the “Practice of Law Technical Clarification Act of 2017,” legislation that would restore traditional state court regulation and oversight of creditor lawyers’ litigation activities. In a Nov. 16 letter to leaders of the House Financial Services Committee and the House Judiciary Committee, Bass explained that the legislation, H.R. 1849, would clarify that the Fair Debt Collection Practices Act (FDCPA) does not apply to creditor lawyers engaged in litigation activities and that the existing “practice of law exclusion” in Section 1027(e) of the Dodd-Frank Act of 2010 covers both consumer and creditor lawyers.