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Technology in Review for a Luddite LawyerEvery day, someone is predicting a sea change in the way we conduct discovery. However, due to the dogged nature of many litigators, the old "belt and suspenders" style of discovery persists. Many attorneys adhere to the philosophy of reviewing each and every document in the order that they find them. I am not here to predict the downfall of those who are sticking to that philosophy; in fact, I am quite sure that the old methods of approaching discovery will last eternally. However, there may be a better way.
‘Hold the Arbitration Clause, Hold the Attorney Fees!’Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don’t get to negotiate each clause, generally, are consumers and small-business customers — and e-commerce buyers.
How Blogging Affects Legal ProceedingsTechnology has entered the jury box. While the press has long reported on pending trials, bloggers — or so-called "citizen journalists," some sitting in juries — have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
The Unseemly Web of Keyword AdvertisingDespite the surface simplicity of keyword advertising disputes the Web and the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit’s decision in Rescuecom Corp. v. Google, Inc., straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
Technology in Marketing: Where to Invest Your Marketing Technology DollarsLaw firms have realized that using technology — particularly the Internet — is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm’s resources to get the most bang for the buck?
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