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Cancelo ( Koch Industries ). The presentation began with a discussion of the ethics of negotiations . The panelists acknowledged that negotiations are a misrepresentation of your true position , but that does not mean that you are allowed to be unethical . You cannot misstate a material fact . The practitioner can , however , do something called “ puffing ” about your position and even about the value of the case . The panelists were then presented with various ethical scenarios in negotiations , which they discussed . The panelists agreed that you should always consider your future working relationship with the opposing party when negotiating .
Hot Topics in Data Privacy & Cybersecurity ( Ethics )
Day 2 of Atlanta Bar ’ s CLE by the Hour kicked off in full swing with a panel of presenters eager to discuss the current landscape of cybersecurity and offer some tips to attorneys looking to avoid any legal mishaps involving client security breaches . Stephen Bush ( Bodker , Ramsey , Andrews , Winograd & Wildstein , PC ); Dorian Simmons ( Alston & Bird ); Shannon Sprinkle ( Copeland , Stair , Kingma and Lovell , LLP ); and Scott Zweigel ( Parker Hudson Rainer & Dobbs , LLP ) presented . This panel covered new law on the state and federal level introduced to protect against security breaches . This panel highlighted the benefits of technology , while also focusing on the risks and legal ramifications associated with increased technology usage .
We have all heard about the big security breaches with Equifax and Capital One . These breaches affected over 100 million people . These breaches cost these business millions of dollars and substantial business disruption . Attorneys should be concerned because the clients we represent may be at the cusp of the next security breach . If we can help our client discover potential breaches quicker , the lower the costs would be to our clients .
Although there is no uniform state standard for data breach notifications , all states have data breach laws . For instance , some states have disclosure requirements in which firms must send consumer disclosures to customers as well as to state attorney generals . We must be able to properly inform our clients about the various disclosure obligations , what is considered private information , what constitutes a breach , and any exceptions to such state laws .
Key Issues in Employment Law During COVID-19
The second panel on Day 2 was moderated by Ronne Kaplan and included Robin Frazer Clark ( Robin Frazer Clark , PC ); Steven Wolfe ( Legare , Attwood & Wolfe , LLC ); and Bianca Meador ( Martenson , Hasbrouck & Simon , LLP ). During the height of the pandemic , we saw employers offering work from home accommodations to their employees . However , there were some employers who required employees to come back into work notwithstanding the medical limitations and overall fear of their employees . For example , a case was filed in the Northern District of Georgia by an employee who was fired from his employment after he requested an accommodation to continue to work from home due to his heightened risk of serious illness due to his medical condition . This panel highlighted key issues for attorneys to spot when representing a client who may be either the complainant or respondent in the case .
Illumination of Bias in the Practice of Law ( Professionalism )
This segment of the program offered attorneys the chance to learn how to understand and reduce implicit bias in the legal workplace , while earning a professionalism CLE credit . Daedrea Fenwick ( Stewart Miller Simmons Trial ) and Pamela Councill walked attorneys through how implicit bias may show up in the workplace using visual examples , the impact it could have on workplace morale and performance and offered some strategies for identifying and reducing the impact of bias as individuals and institutions . As attorneys , we should all work towards identifying any implicit bias we may have towards individuals who are different than us . Fenwick and Councill offered up ways in which we could bring offensive behavior to the person ’ s attention using the PATH and HEAR methods described in more detail in the program .
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Our last panel focused on the return to jury trials and included Hon . Robert C . I . McBurney ( Superior Court of Fulton County ) and Hon . Eleanor Ross ( United States District Court , Northern District of Georgia ). With the number of people getting the COVID-19 vaccine increasing , courts are now moving back to hosting jury trials . However , this may present a unique challenge to everyone when trying to adhere to the safety protocols required by law . Throughout the state , chief justices over different counties have issued jury trial guidelines for resuming trials . These guidelines call for increased sanitizing and social distancing methods . The panel addressed changes to courtroom procedures , such as bench conferences and sidebars , as well . Many counties have issued checklists for courtrooms to follow to ensure the safety of everyone .
The CLE Board of Trustees , which plans CLE by the Hour , thanks all of the panelists and moderators that made this year ’ s program a success .
Mark your calendars for a two-hour virtual ethics CLE program on October 19 , 2021 at 3:00PM , and two days of “ But You Said You ’ re a Lawyer !?” on November 10 and 17 , 2021 . As with all of the Atlanta Bar ’ s CLE programs , if you missed this year ’ s CLE by the Hour , please visit the Atlanta Bar website at https :// atlantabar . fastcle . com / store / provider / provider09 . php to view the recorded program for CLE credit !
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