• Social Media Influencers and the FTC

    October 02, 2016 |

    Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

  • Law Firms Facing Unprecedented Cyber Risk

    October 02, 2016 |

    For years, various government authorities and security experts warned the legal industry about the proverbial cyber target painted on their chest. And while a cornucopian crop of headlines bloomed about data breaches, most concentrated on major retailers or recognizable brands. Given nebulous report

  • Internet Content Changes White-Collar Criminal Litigation Tactics

    October 02, 2016 |

    The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.

  • Website Arbitration Clauses

    October 02, 2016 |

    In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed

  • Online Extra: Convict Seeks New Trial Over Use of Facebook Evidence

    September 30, 2016 |

    A man convicted of murder in New Haven, CT, is asking the state Supreme Court for a new trial on grounds that the judge should not have allowed evidence from Facebook at trial. The defendant argues that photos from his Facebook profile that were presented to the jury were used to portray him as a "t

  • Third Circuit Sets Standard for Facebook Chat Evidence

    September 02, 2016 |

    Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.

  • Online e-Discovery Ethics

    September 02, 2016 |

    Although attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.