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July 20th, 2023
Fla. Bar CTA Program Could Be Win For Solos Across The US
Ethics & Professional Responsibility Partner Tyler Maulsby is quoted in the article, "Fla. Bar CTA Program Could Be Win For Solos Across The US" published by Law360. The article discusses a recent Florida Bar initiative offering all Florida attorneys a free organizing tool to track and make notes on their client transactions and to link the transactions to their bank. The initiative allows for a direct balance of their trust. Tyler is quoted saying, "I can't tell you how many times I've seen a lawyer with a very high volume escrow account operating their entire practice off of a spreadsheet. That can just leave a lot of room for error. And so anything that offers a comprehensive trust account management system with opportunities to incorporate failsafe reconciliations is going to make everyone's life easier."
Despite the many benefits associated with the initiative, Tyler notes that it may put solo practitioner and lawyers inside small firms at a significant disadvantage. He says, "For a solo practitioner, it is your job to be a bookkeeper, or you have to hire one, but still you have to reconcile the account, you have to make sure everything is correct, and you have to spend a lot of time doing that. They don't teach you how to do that in law school. And it's very scary, because the stakes are very high."
According to legal ethics attorneys, a majority of their cases deal with issues that stem from simple bookkeeping errors. Tyler says, "One simple mistake can then compound into multiple mistakes. If there's an error on client number one, it's not caught for several months and then multiple other clients' money passes through the account, that means that error could have resulted in errors on many other clients' accounts. And so now you're dealing with issues with multiple clients."
The program is the first of its kind in the country and Tyler adds that the closest thing he's seen to this program in New York is maybe a free continuing legal education program on how to manage trust accounts. He notes, "You can call the grievance committee, and they can help you through certain cost accounting issues, but a continued resource for your ability to stay organized is very helpful, and I haven't seen anything like this. I would love it if the New York State Bar Association did something like this statewide, but I think the cost would be significant. We have a lot of lawyers, they're a voluntary organization dependent on dues and contributions. And the grievance committee would need to get funding from the courts to do that."
In conclusion, Tyler says, "I think ultimately, any resources that are free or at a very low cost offered to lawyers is a good thing. It's a step in the right direction."
Read the full article here. (Behind paywall)
Other Quoted
The Battle over California’s Bill to Regulate how Insurers Handle Personal Data
Rick Borden is quoted in the Continuing Education of the Bar’s (CEB) DailyNews in an article on the proposed California data privacy law, Senate Bill 354, which would extend greater data privacy protections to the insurance industry. The Insurance Consumer Privacy Protection Act (ICPPA) 2025 would expand the California’s existing insurance-specific privacy law, known as the Insurance Information and Privacy Protection Act (IIPPA).
The article stated, “Rick Borden, a partner with Frankfurt Kurnit Klein & Selz who focuses on data strategy and privacy, said California may be acting too soon because revised regulations and guidance are coming down the pike. A working group at the National Association of Insurance Commissioners (NAIC) is moving ahead with updates to its Model law 672, which each state has either adopted or adopted in substantially similar form. ‘Let them do their stuff,’ Borden said.”
He pointed to the American Property Casualty Insurance Association (APCIA) comment letter, written on behalf of 1,200 companies comprising nearly 60% of the country’s property and casualty insurance market. It also recommended CCPA (California Consumer Privacy Act) regulators to wait.
But the bill’s author Senator Monique Limón and its sponsor, California Insurance Commissioner Richard Lara, are moving forward with the bill.
Mr. Borden also noted “that advertising and marketing is one of the most important areas that California’s proposed new protections could cover.”
“‘Certain advertising is not subject to GLBA [Gramm-Leach-Bliley Act], so already would be subject to CCPA,’ he said. ‘Because you’re not their customer, yet. And this isn’t about a financial transaction with them.’ The revised insurance laws would cover data collection, including for advertising, that is a part of covered insurance relationships.” View article. (Cost-free registration required.)
July 8 2025
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
