Steve Puiszis Quoted in Bloomberg Article on NYC Bar Guidance Regarding U.S. Border E-Device Searches and Client Confidentiality

August 8, 2017

Steven Puiszis – a Chicago-based partner at Hinshaw & Culbertson LLP who also serves as the firm's General Counsel, Privacy, Security and Compliance – was quoted in an article titled "NYC Bar Guides Attorneys on U.S. Border E-Device Searches" published by Bloomberg BNA. The article discusses the NYC Bar's Formal Opinion 2017-5 which provides guidance to attorneys regarding U.S. border searches of electronic devices containing confidential client information.

The opinion follows an increase in the number of searches of electronic devices, which according to Puiszis, has many major law firms reevaluating what policies they should have in place in order to protect confidential information. "This ethics opinion…recognizes that the more sensitive the information, the less risk a lawyer should take in how the information is handled," said Puiszis. The opinion suggests that lawyers should not carry clients' information on an electronic device across a border unless there is a professional need to do so and when the information is highly sensitive, the professional need must be compelling. "While it provides helpful guidance, there are still a lot of unanswered questions about how attorneys should deal with this issue."

Read "NYC Bar Guides Attorneys on U.S. Border E-Device Searches" on the Bloomberg BNA website (subscription required)

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