| Article | Title | Author |
|---|
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 29 |
Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge
abstract
full article
|
Bryan Russell |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 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 |