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<i>Online Extra:</i><br>Social Media: Questions of Admissibility And Ethics Image

<i>Online Extra:</i><br>Social Media: Questions of Admissibility And Ethics

Khizar A. Sheikh, Lynne Strober & Jennifer Presti

Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.

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Five Smart Steps to Prepare for GDPR Data Subject Rights Image

Five Smart Steps to Prepare for GDPR Data Subject Rights

Sonia Cheng, Eckhard Herych, & Richard MacDonald

Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.

Features

Five Smart Steps to Prepare for GDPR Data Subject Rights Image

Five Smart Steps to Prepare for GDPR Data Subject Rights

Sonia Cheng, Eckhard Herych & Richard MacDonald

Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.

Features

<i>Zeran v. AOL</i> and Its Inconsistent Legacy Image

<i>Zeran v. AOL</i> and Its Inconsistent Legacy

Ian C. Ballon

<i><b>How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits</b></i><p>The rule of <i>Zeran</i> has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of <i>Zeran</i> that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in <i>Zeran</i>.

Features

What Lies Beneath the Surface: The Dark Web Image

What Lies Beneath the Surface: The Dark Web

Elizabeth Vandesteeg & Jeffrey Goldberg

Nearly all of us access the World Wide Web on at least a daily basis. Yet for many of us, there is a fundamental lack of knowledge about the basic structure of the Internet and the way its different levels interact. This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.

Features

When Terms of Use Put 'Reasonably Prudent User' on Notice Image

When Terms of Use Put 'Reasonably Prudent User' on Notice

Richard Raysman & Peter Brown

On Aug. 17, 2017, the Second Circuit issued its decision in <i>Meyer v. Uber Technologies, Inc.</i>. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the <i>Meyer</i> decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.

Features

Trump's Tweets Are 'Official Statements' Image

Trump's Tweets Are 'Official Statements'

Cogan Schneier

President Donald Trump's tweets are official government statements, Justice Department lawyers told a federal judge last month.

Features

Podcast: Phishing Image

Podcast: Phishing

Jason Thomas

Phishing is one of the more pervasive cyber attacks in the world, and while we've all received phishing emails, phishing attacks have become more sophisticated and come in different forms other than emails from Persian princes.

Features

All Digital Assets Are Not Legally Equal Image

All Digital Assets Are Not Legally Equal

Jonathan Bick

The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.

Features

What Lies Beneath the Surface: The Dark Web Image

What Lies Beneath the Surface: The Dark Web

Elizabeth Vandesteeg & Jeffrey Goldberg

This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.

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