[16] A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or
unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.
Comment 16 to the rule requires a lawyer to «act competently to safeguard information relating to the representation of a client against inadvertent or
unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.»
That being said,
unauthorized disclosures by the former are already occurring, but they are occurring in a complete legal vacuum where people like Snowden have less of an incentive to be careful with the scope of their disclosures since they know they are already facing either jail time or exile regardless of the public value of the leaked information.
Not exact matches
McCabe was forced out of the FBI earlier this year amid an internal investigation
by the Office of Inspector General into his approval of
unauthorized disclosures to the media in October 2016 about the bureau's Hillary Clinton email investigation.
McCabe was forced out of the FBI earlier this year amid an internal investigation
by the Office of Inspector General into his approval of
unauthorized disclosures to the media in October 2016 about the bureau's Hillary Clinton email probe.
a) Steele was suspended and then terminated as an FBI source for what the FBI defines as the most serious of violations — an
unauthorized disclosure to the media of his relationship with the FBI in an October 30, 2016, Mother Jones article
by David Corn.
Factors that could cause actual results to differ materially from those expressed or implied in any forward - looking statements include, but are not limited to: changes in consumer discretionary spending; our eCommerce platform not producing the anticipated benefits within the expected time - frame or at all; the streamlining of the Company's vendor base and execution of the Company's new merchandising strategy not producing the anticipated benefits within the expected time - frame or at all; the amount that we invest in strategic transactions and the timing and success of those investments; the integration of strategic acquisitions being more difficult, time - consuming, or costly than expected; inventory turn; changes in the competitive market and competition amongst retailers; changes in consumer demand or shopping patterns and our ability to identify new trends and have the right trending products in our stores and on our website; changes in existing tax, labor and other laws and regulations, including those changing tax rates and imposing new taxes and surcharges; limitations on the availability of attractive retail store sites; omni - channel growth;
unauthorized disclosure of sensitive or confidential customer information; risks relating to our private brand offerings and new retail concepts; disruptions with our eCommerce platform, including issues caused
by high volumes of users or transactions, or our information systems; factors affecting our vendors, including supply chain and currency risks; talent needs and the loss of Edward W. Stack, our Chairman and Chief Executive Officer; developments with sports leagues, professional athletes or sports superstars; weather - related disruptions and seasonality of our business; and risks associated with being a controlled company.
To the extent permitted
by law, we will disclose your information to government authorities or third parties if: (a) required to do so
by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that
disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications
by using them to attack other systems or to gain
unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
We will protect personal information
by reasonable security safeguards against loss or theft, as well as
unauthorized access,
disclosure, copying, use or modification.
In real terms, these rules which exist in virtually every jurisdiction, include laws and regulations which forbid the
unauthorized use of state resources for political purposes, contributions from dubious sources, violation of campaign funding limits as prescribed
by enabling laws, the use of money to influence voters and election outcomes, non-disclosure of campaign spending, abuse of media, broadcasting and political advertising rules, and rules on declaration of assets, academic qualifications, health and other
disclosures and internal party guidelines and rules.
We will protect personal information
by reasonable security safeguards against loss or theft, as well as
unauthorized access,
disclosure, copying, use or modification.
Accordingly, you transmit information at your own risk and Loving Pets Corporation assumes no responsibility or liability for
disclosure of your information due to errors in transmission,
unauthorized or illegal access or other causes beyond Loving Pets Corporation reasonable control.
Disclosure of Information in Public Areas Personally identifiable information that you disclose in a public area of the Loving Pets Website, such as our share your story, may be collected and used
by others who may then send you messages or other communications that you do not want to receive.
The climate beat has kind of exploded over the past two weeks, with the normally intense run - up to treaty talks, which begin in Copenhagen on Monday, compounded
by the
unauthorized disclosure of thousands of e-mail messages and documents suggesting a back story behind efforts to chart the planet's past temperatures.
The standard in FIPPA is that public bodies must protect personal information
by making reasonable security arrangements against such risks as
unauthorized access, collection, use,
disclosure or disposal.
Basically, misappropriation boils down to the acquisition or
disclosure of confidential information
by improper or
unauthorized ways, including through theft, bribery, fraud or even hacking.
Receiving Party shall notify the Disclosing Party immediately upon discovery of any
unauthorized use or
disclosure of Confidential Information
by Receiving Party or its Representatives, or any other breach of this Non-
Disclosure Agreement
by Receiving Party or its Representatives, and will cooperate with efforts
by the Disclosing Party to help the Disclosing Party regain possession of Confidential Information and prevent its further
unauthorized use.
Ransomware is a choice weapon against legal firms, as attackers understand that firms are highly motivated to protect the confidentiality of their data as well as obligated
by ABA Model Rules to make reasonable efforts to prevent
disclosure or
unauthorized access to client data.
The comments advise that lawyers must «make reasonable efforts» to safeguard client information «against
unauthorized access
by third parties and against inadvertent or
unauthorized disclosure.»
«In their present state, the impugned sections give the state the ability to arbitrarily protect whatever information it chooses to classify as «secret official» or «official» or
unauthorized for
disclosure — and to punish
by way of a criminal offence those «speakers,» «receivers» and «listeners» who come within that protected sphere.
Most notably, regarding third - party applications, the Assistant Commissioner determined that Facebook did not have adequate safeguards in place to prevent
unauthorized access
by application developers to users» personal information, and furthermore was not doing enough to ensure that meaningful consent was obtained from individuals for the
disclosure of their personal information to application developers.
These stakeholders say this program is offensive and invasive; areas of concern include
unauthorized or unnecessary data collection, use and
disclosure of personal information, forensic usage, usage as unique identifier — which can identify a person and his or her day - to - day activities through the linkage of various activities and databases — as well as function creep or biometric information collected being used for different or additional purposes than originally stated
by the authorities.
In Formal Opinion 477, the Ethics Committee went one step further, concluding that «a lawyer may be required to take special security precautions to protect against the inadvertent or
unauthorized disclosure of client information when required
by an agreement with the client or
by law, or when the nature of the information requires a higher degree of security.»
Remedies for misappropriation of a trade secret under the federal Act include injunctive relief, damages for actual loss caused
by the misappropriation, damages for any unjust enrichment caused
by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or in lieu of damages measured
by any other methods, the damages caused
by the misappropriation measured
by imposition of liability for a reasonable royalty for the misappropriator's
unauthorized disclosure or use of the trade secret.
Both Parties agree that any
unauthorized use or
disclosure by the Receiving Party of the Disclosing Party's Confidential Information in a manner inconsistent with the terms of this Agreement may cause the Disclosing Party irreparable damage for which remedies other than injunctive relief may be inadequate.
Accordingly, the Parties each agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity, or otherwise, the Disclosing Party shall be entitled (a) to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach
by the Receiving Party, without the necessity of proving actual damages, and (b) to be indemnified
by the Receiving Party from any loss or harm, including but not limited to attorney's fees, arising out of or in connection with any breach or enforcement of the Receiving Party's obligations under this Agreement or the
unauthorized use or
disclosure of the Disclosing Party's Confidential Information.
The security standard authority applies to both the transmission and the maintenance of health information, and requires the entities described in section 1172 (a) to maintain reasonable and appropriate safeguards to ensure the integrity and confidentiality of the information, protect against reasonably anticipated threats or hazards to the security or integrity of the information or
unauthorized uses or
disclosures of the information, and to ensure compliance with part C
by the entity's officers and employees.
A simple statement to the effect that «the sender maintains solicitor - client privilege over the information contained in this email, and nothing shall constitute a defeat or waiver of said privilege notwithstanding inadvertent
disclosure or
unauthorized interception of this email
by unintended recipients» should suffice.
34 (1) An organization must protect personal information that is in its custody or under its control
by making reasonable security arrangements against risks such as
unauthorized access, collection, use,
disclosure, copying, modification, disposal or destruction.
We will protect personal information
by reasonable security safeguards against loss or theft, as well as
unauthorized access,
disclosure, copying, use or modification.
Customer shall: (a) have sole responsibility for the accuracy, quality, and legality of all Customer Data that is transmitted or otherwise provided to IEC and the means
by which Customer acquired Customer Data; (b) ensure that all users receive any required
disclosures and appropriate training concerning the use of the Services; (c) use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Services, and notify IEC promptly of any such
unauthorized access or use; (d) promptly inform IEC when the number of Active Users increases; and (e) use the Services (s) only in accordance with this Agreement, the Documentation and any applicable Laws.
During the Term of this Agreement, IEC shall establish, implement and maintain commercially reasonable administrative, physical and technical measures that are designed to protect the security and integrity of Customer Data that is provided to IEC
by Customer, and that are reasonably appropriate to the risks represented
by the processing and nature of the provided Customer Data to be protected, and designed to guard against the accidental or
unauthorized access, use, loss or
disclosure of Customer Data while it is on IEC's network and systems.
We will protect personal information
by reasonable security safeguards against loss or theft, as well as
unauthorized access,
disclosure, copying, use or modification.
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits;
disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an associate broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real estate broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative broker availed corporate real estate brokers license to salesperson; representative broker failed to properly supervise salesperson
by permitting and authorizing salesperson to act as a real estate broker; broker and salesperson failed to make agency
disclosures and failed to deposit funds of principal in a special bank account; real estate transaction conducted was a fraudulent business practice; DOS fails to prove the
unauthorized practice of law; salesperson's license revoked and salesperson ordered to pay refund of $ 1,406.00 of illegal commission collected; representative broker's license revoked and broker ordered to refund $ 74.00 of illegal commission collected; representative broker fined $ 5,000.00
321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment;
disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL § 443 agency
disclosure notice to landlord / client prior to entering into listing agreement; broker commits conversion upon exercising
unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application
by denying prior license suspension; broker's license revoked
9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured
by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of
unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the
disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
649 DOS 02 DOS v. Holzbach —
disclosure of agency relationships; proper business practices; sanctions;
unauthorized practice of law; vicarious liability; broker fails to timely provide agency
disclosure form to buyer although
disclosure form could have been faxed to and received from buyer; broker back dated agency
disclosure form demonstrating incompetency; use of designated agent form without the use of required agency
disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved
by the County Bar Association and REALTOR Association constituted the
unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00
79 DOS 99 Matter of DOS v. Pagano -
disclosure of agency relationships; failure to appear at hearing; proper business practices;
unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency
disclosure form prior to entering into listing agreement and fails to timely provide agency
disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24
by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients
by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller
by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited
by buyer as such forfeiture clause could,
by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the
unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended
by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness
by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish
by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound
by the knowledge acquired
by and is responsible for acts committed
by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained