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All That Twitters Is Not GoldLaw Firm Partnership & Benefits ReportNo one should be shocked to learn that false or misleading statements on a social networking site or blog are often likely to be deemed unethical. Surprisingly, though, even truthful statements have led to negative repercussions for at least one attorney.
The Brave New World Of e-Workplace Privacy PoliciesInternet Law & StrategyPart One of this article, last month, examined the liability involved with social media and e-mail use. Part Two discusses implementing compliant and defensible workplace policies.
Using Technology Can Overcome First Amendment e-Monitoring Worriese-Commerce Law & Strategye-Commerce tools allow e-monitoring of an Internet user’s actions — but the desire of companies and others to know and to track what an Internet user does on the Internet isn’t as simple an issue as just setting up the technology and being done with it.
Recommended Practices for Document Review WorkflowLJN's Legal Tech NewsletterIn the paper world, "getting to the facts" was routine and predictable, with generally understood scope, costs and risks. With the explosion of electronic data and the evolution of ever more complex systems, "getting to the facts" is no longer routine and predictable.
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Legal Lessons Gleaned from Music Industry’s High-Profile, File-Sharing LitigationEntertainment Law & FinanceWhen the cash-strapped recording industry announced at the end of 2008 that it would largely drop its aggressive litigation campaign against unauthorized file sharers, some observers saw this as a defeat for record labels. But numerous court rulings have been issued over the past few years that debate and/or establish legal guidelines that will be referenced in file-sharer cases that are either still in the pipeline or may later crop up.
Are Web Applications a Security Concern?Internet Law & StrategyOver the Fourth of July holiday weekend, a wave of cyber-assaults, or "denial of service" attacks, believed to have originated in North Korea, targeted a number of U.S. and South Korean government agencies and commercial Web sites. While there were no reported leaks of classified information or serious damage to networks, the organized assault underscored the conclusions of a recent White House cybersecurity review; namely, that the country’s digital infrastructure and domestic networks are not secure.
Online Dissemination of People’s Imagese-Commerce Law & StrategySometimes, innovation brings benefits; other times, as the saying goes, "the more things change, the more they stay the same." That paradoxical dictum is evident when computer and Internet technology, and e-commerce, converge. With stasis and change in mind, consider the nearly ubiquitous issue and practice of Internet accessibility of images amassed by government organizations, commercial entities and individuals.
X Marks the Spot: Lessons Learned From the Data Map ProcessLJN's Legal Tech NewsletterCreating the right data map with the right information takes time, patience, perseverance and pull. A data map that is hastily put together and is missing information will only provide cursory support to counsel, and instead may end up providing fodder to opposing counsel. Some have even said that is better to not have a data map, claim ignorance and hope for leniency than to state that you have a data map and produce an incomplete, half-baked and inadequate one and anger the judge.
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Unconstitutional BurdensRecord-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Is an Integrated e-Discovery Solution the Best Approach?With law firms increasingly feeling pressure to adapt to client demands to reduce bills and expenses, an integrated e-discovery solution may seem like a wise investment. Having fewer vendors providing necessary services is always beneficial. It means less administrative overhead, less potential for miscommunication, and less time spent training staff on new software. However, when it comes to e-discovery, an integrated solution may not always provide a law firm with exactly what it needs.
Navigating the Changing Technological LandscapeIn City of Ontario v. Quon, the U.S. Supreme Court held that a government employer’s search of an employee’s communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the Constitution. The Court’s narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive.
Clearing Content for Live Venues’ Web SitesThis article discusses issues that arise in the context of organization-commissioned materials by employees and third parties, the use of third-party materials, and privacy and publicity rights of performers and audience members.
e-Discovery RevisitedThis article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.
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