UW School of Law > LTA Journal > Topical Index

Washington Journal of Law, Technology & Arts Issues

Litigation

ArticleTitleAuthor
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
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
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson
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
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
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?

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
89 Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art

abstract   full article

Rachael Wallace
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is one of several cases that explicitly state an expectation that attorneys conduct a form of Internet research. New and existing ethics guidelines, including ABA Model Rule of Professional Conduct 3.5, place boundaries around the depth of inquiry permitted. According to some commentators, because Internet research is ethically permitted, at a minimum attorneys should ask leave of the court and conduct a precursory Internet search of the venire. This Article addresses the extent to which courts have permitted lawyers to use the Internet to conduct jury research and what limits the Model Rules of Professional Conduct and courts place on the practice. It further addresses the degree to which this kind of research has become compulsory as a shield against a possible malpractice claim.

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang

Last updated 12/31/1600