Law Journal Newsletters

An ALM Website


May 2016

Cloud Computing Security: More Opportunity, Less Threat

By David Hansen

If you follow the legal technology headlines you might have noticed that we've come full circle on cloud security. Rewind seven or so years, and mainstream cloud computing adoption was being thwarted by grave concerns about data security, data governance and data access. As the cloud became more pervasive in many industries globally, the legal market took note and slowly but surely more law firms went to the cloud. Read More...

Closing the Expectation Gap With e-Discovery Technology

By Jim Gill

Chief Justice John Roberts recently said that the new amendments to the Federal Rules of Civil Procedure should "achieve the goal of Rule 1 'the just, speedy, and inexpensive determination of every action and proceeding' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change." Read More...

Law Firms Grapple With Cybersecurity Issues and Regulatory Risks

By Joe Kelly

Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable. Read More...

Law School, Disrupted

By Dan Lear

The last few years have been rough for legal education. But shoots of innovative, provocative life can be seen at a few law schools. And these changes hint a broader change coming for all in legal education. Read More...


Beginning with the June Issue, LJN's Legal Tech Newsletter will be incorporated into our all-new, cutting-edge title: Cybersecurity Law & Strategy. Read More...



A Blurry Distinction with a Huge Difference: Commercial vs. Non-Commercial Speech

Imagine the following two scenarios, and try to figure out what the real difference is. First, your competitor blatantly lies in its advertising about the effectiveness of its products; second, your competitor blatantly lies to a reporter about the effectiveness of its products, and the reporter publishes the lies in an article or in a magazine. It seems like the same situation, but it is not. With the first, you could sue for false advertising because the advertisement is “commercial” speech, whereas with the second, you cannot because the magazine article is “non-commercial” speech. A similar difference is presented if a newspaper uses a picture of a celebrity without the celebrity’s consent to highlight a news article, as opposed to a company using the same celebrity picture in a print advertisement, in the same newspaper, to promote the company. A breach of the celebrity’s right of publicity claim is not available against the newspaper because the news article is “non-commercial,” but is available against the company because the print advertisement is “commercial.” The rationale for both is that while the First Amendment fully protects “non-commercial” speech, it protects “commercial’ speech in a significantly limited way.


PA Civil Unions and Domestic Partnerships

Although same-sex marriages and divorces can now be granted anywhere in the country, there are a few unanswered questions in Pennsylvania regarding how legal relationships between same-sex couples — that are not marriages — should be treated.