The MF data breach represents a sea change in the management of client data by law firms. The bar for safeguarding client data has risen. All attorneys must now consider the potential pitfalls of maintaining “historical” data on their servers, the implementation of notifications when files are accessed and protocols for issuing client disclosures when files are accessed. It is likely that MF will face considerable litigation over the undocumented data breach. Attorneys seeking to avoid litigation need to learn from MF’s failure and ensure that their data is protected.
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