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USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too
When, if ever, can your Internet Service Provider ('ISP') legally intercept and then read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. Due to outdated statutory language, courts have been inconsistent and tentative in applying the federal Wiretap Act to e-mail interception. In recent years, two circuits have flip-flopped on this crucial issue.
The original guiding force behind the 1968 Wiretap Act was to protect real-time wire and cable communications from interception while in transit. Stored communications, however, have been covered by the eponymous Stored Communications Act ('SCA') since 1986 ' when Congress enacted the Electronic Communications Privacy Act ('ECPA'). The ECPA incorporated the old Wiretap Act as Title I and added the SCA as Title II.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.