Shhh - the Internet is listening: Has technology eroded Attorney-Client Privilege and what can You do about it?

July 2012

Abstract

The year 1912 marked the first time that mail was delivered by airplane. Now, 100 years later, mail is sent with the click of a button, instantly delivered to a designated recipient. The advent of the Internet and its global immersion has rapidly changed the means by which society communicates. Communications that were once personalized in handwritten notes and materialized through poetic phrases has evolved into a culture of electronic communication shortened by acronyms such as “LOL,” “TTYL,” and “BTW.” With almost 2.3 billion Internet users, communication through electronic media has become commonplace, with each message transmitted nonchalantly through cyberspace. The casual nature of the Internet has disguised significant concerns associated with its use. In the instance, when a message is sent from one device to another, a user is unaware of its locality, security and longevity. Many users, in fact, are ignorant to issues of privacy and data protection that consistently threaten the confidentiality of personal information. These technological threats do not only affect individual users, but also create adverse consequences for some of the most powerful companies in the world. Communications that once received protection through traditional doctrines such as attorney-client privilege are now susceptible to disclosure, forcing companies worldwide to reevaluate the applicable safeguards in electronic transmissions that could fail to adequately protect confidential information.

Authors

Vincent Catanzaro

Senior Counsel, Global Discovery Manager, E. I. du Pont de Nemours and Company, USA

Vincent Michael Catanzaro Vincent M. Catanzaro is Senior Counsel, Global Discovery Manager for E. I. du Pont de Nemours and Company. In this role, Vince is responsible for counseling the Company concerning how best to comply with evolving legal standards relating to discovery, guiding and supporting the legal teams in the development of e-discovery response strategies and the use of litigation technology, coordinating, managing and monitoring the work of the Company’s discovery vendors and overseeing DuPont Legal’s Discovery Excellence Center, which was named one of Inside Counsel Magazine’s Top 10 Innovative Legal Departments for 2013. Before assuming this role, Vince worked with various DuPont litigation groups specializing in discovery management and consulting on the development of DuPont’s Discovery Policies and Guidelines. Prior to joining DuPont, Vince practiced in suburban Philadelphia where he concentrated on Construction Litigation on the state and federal level. He represented a diverse client base from industry suppliers to individual contractors in contract disputes, design interpretation, zoning matters and sales agreements. A dual citizen of both the United States and Italy, Vince has been active in community, cultural and professional organizations as he is currently a member of the National Italian American Bar Association and the Grand Lodge of Pennsylvania, Sons and Daughters of Italy. He is a current member of the Sedona Conference Working Group on Electronic Document Retention and Production, a member of the Richard Herrmann Technology Inn of Court, a member of the Delaware Supreme Court Commission on Law and Technology a Certified Six Sigma Green Belt, a former faculty member of the Georgetown Law School Advanced e-Discovery Institute and Academy and an Adjunct Professor of eDiscovery at Widener University Legal Education Institute. Vince has co-authored an article for the ACC Docket Magazine with Jonathan Redgrave, entitled, “Managing the Emerging Business and Legal Realities of Social Media in Corporate America” and articles for the International In-house Counsel Journal entitled “Shhh- the Internet is listening: Has technology eroded Attorney-Client Privilege and what can You do about it?” and “Every Cloud Has a Silver Lining, or Does It?” Vince received his undergraduate degree from Temple University and his Juris Doctor from Widener University School of Law where he served on the Student Bar Association and the Legal Skills Committee. He is admitted to practice in the Commonwealth of Pennsylvania, the State of New Jersey, the Eastern District of Pennsylvania and the State of Delaware for the limited practice of law as in-house counsel.

Companies

E. I. du Pont de Nemours and Company

DuPont (NYSE: DD) has been bringing world-class science and engineering to the global marketplace in the form of innovative products, materials, and services since 1802. The company believes that by collaborating with customers, governments, NGOs, and thought leaders we can help find solutions to such global challenges as providing enough healthy food for people everywhere, decreasing dependence on fossil fuels, and protecting life and the environment.

Shhh - the Internet is listening: Has technology eroded Attorney-Client Privilege and what can You do about it?

Abstract

Authors

Companies

E. I. du Pont de Nemours and Company

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