| 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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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
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
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information inMcCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, the Pennsylvania Court of Common Pleas allowed discovery of private Facebook information based upon similar considerations as the Romano court. The McMillen court questioned whether the plaintiff should be allowed to block discovery by asserting an evidentiary privilege and determined that no reasonable expectation of confidentiality exists on social networking sites. The court determined that as long as a person’s social network sites contain information relevant to the lawsuit, courts should allow litigants to utilize “all rational means for ascertaining the truth.” This Article first summarizes the potential bases to prohibit discovery of social networking information and communication. It then examines the recent case law and identifies the level of protection courts are willing to afford social networking communication and the login information needed to access them in civil discovery.
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 |