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Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies


Level: Advanced
Runtime: 60 minutes
Recorded Date: December 12, 2019
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Agenda


  • Overview of New Technologies
  • Competence
  • Duty to Supervise
  • Protecting Confidentiality
  • Protecting Privilege
Runtime: 1 hour
Recorded: December 12, 2019


For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

This program will help you understand how the ethical duty of competence can be discharged when dealing with new technology. Panelists will focus on the duties of competence under RPC 1.1, and confidentiality under 1.6, and supervision under 5.2 and 5.3. The pros and cons of each technology will also be highlighted.

This program was recorded on December 12th, 2019.

Provided By

American Bar Association
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Panelists

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Lisa Margaret Smith

Federal Magistrate Judge
United States District Court, Southern District of New York

Lisa Margaret Smith is a federal magistrate judge for the United States District Court for the Southern District of New York. She was first appointed to this position on March 20, 1995, and her current term expired on March 19, 2019. She served as chief magistrate judge from 2006 to 2008.

Judge Smith received his B.A. degree in political science from Earlham College in 1977 and her J.D. degree from Duke University School of Law in 1980.

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Gail Gottehrer

Vice President, Global Litigation, Labor & Employment, and Government Relations
Fresh Del Monte

"Gail is a Vice President in the Legal Department at Del Monte Fresh Produce, where she is responsible for Global Litigation, Labor & Employment, and Government Relations. She is an expert on the cybersecurity, privacy, and legal issues associated the data collected and used by emerging technologies including AI, biometric devices and sensors, autonomous vehicles, the Internet of Things, blockchain, and the metaverse. She is also one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.
Gail has taught Law for Knowledge Innovation at Columbia University and is a Fellow at the Center for Legal Innovation at Vermont Law School. She has taught technology law courses for judges at the National Judicial College and the New York State Judicial Institute, and has guest lectured on vehicle data regulation at Stanford University, the Wharton School, and Interpol.
Gail founded and leads the Cybersecurity Subcommittee of the New York State Bar Association’s Committee on Technology and the Legal Profession and is a former Chairperson of that Committee. She also serves at Co-Chair of the National Association of Women Lawyers’ Intellectual Property & Technology Affinity Group.
An internationally recognized thought leader, Gail served as a peer reviewer for Interpol’s Framework for Responding to a Drone Incident and was a speaker at Interpol’s 2019 Car Cyber Threats Expert Group Meeting. A member of the Atomium – European Institute for Science, Media and Democracy’s AI4People Automotive Committee, she co-authored a paper, AI4People: Ethical Guidelines for the Automotive Sector – Fundamental Requirements and Practical Recommendations, that was published in the International Journal of Technoethics (Volume 12, Issue 1, January-June 2021). She is also a member of the ITU’s Focus Group on AI for Autonomous and Assisted Driving and a contributor to its recently published report, Automated Driving Safety Data Protocol – Ethical and Legal Considerations of Continual Monitoring.
Gail was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM and one of the Connecticut Technology Council’s 2016 Women of Innovation. She is a graduate of the University of Pennsylvania Law School and served as a law clerk in the Philadelphia County Court of Common Pleas.

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Hon. Ronald J. Hedges

Senior Counsel
Dentons

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information (“ESI”).

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges.

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law—Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.


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