March 10, 2015

Law360 Speaks to Karl Kronenberger on Law Firm Disputes Over Client Data

The Law360 article, “More Law Firms to Face Suits Over Sensitive Client Data,” explains how the uptick in attorney lateral moves has directly impacted the increase in law firm disputes over ownership of confidential client files and documents. The widespread use of technology including, flash drives, cloud services and smartphones, makes it easier for laterals to take and store large amounts of client data to use at their new firm. However, Partner Karl Kronenberger argues that firms cannot own client relationships, materials or discovery obtained in client matters.

“The relationships between clients and law firms involve a lot of confidentiality, are sensitive in nature and are not something that should be openly litigated,” Mr. Kronenberger said. “The client can make the decision about who it wants to represent it, and firms would probably alienate clients by making these kinds of allegations.”

As more disputes are litigated in court, the courts will decide precisely what information attorneys can take when changing firms and how they can use it.

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