| Article | Title | Author |
|---|
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 20 |
Willful Infringement After Seagate: How the Willfulness Standard Has Changed and What Attorneys Should Know About It
abstract
full article
|
Kevin Raudebaugh |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information — such as credit reporting agencies — have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches generally foreseeable, and finding a common law duty on the part of companies to protect their data. The ability of a plaintiff to prove compensable harm from the negligent release of personal information, however, may be more difficult than showing the existence of a duty.
abstract
full article
|
Derek A. Bishop |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |