Initially, I will state for the record the apologies of your
friendly, neighborhood Indiana Technology Lawyer for not posting a
blog in a while. I know that you, my loyal readers, have been
waiting with bated breath in the hope that I would again grace
cyberspace with my knowledge and wit. And, alas, I have
failed to deliver. In my defense, this little technology law
firm has been experiencing exponential growth and prosperity, which
has dictated more work for yours truly. But, that is...
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The first caveat is that I'm sorry I haven't posted anything
recently. Work here at Alerding Castor Hewitt has been going
like gangbusters and yours truly has been up to his distinguished
eyeballs in work. Trust me, however, I'm now dutifully
committing myself to continue providing insight and humor as your
Indiana Internet Litigation guru.
Second caveat is that this post actually has nothing to do with
privacy litigation, software litigation or really any other
technology law issues. ...
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Your friendly neighborhood litigation attorney at Alerding Castor
Hewitt, LLP with a final post for the year to all of our business,
Indiana internet litigation, and technology law
clients. Saturday, December
25th will no doubt be a date of celebration in many
homes. As you spend time with your
family, remember how special the day is and all of the changes that
have taken place in the last 20 years.
Some of you might wonder what I mean exactly. I’m not referring to Christmas. And for those...
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Another
post that doesn't quite fit neatly into Indiana Internet litigation
or privacy law, but that intrigues me. BusinessWeek, passing
along a Tim Greene article from NetworkWorld (found here:
www.networkworld.com/nwlookup.jsp),
is reporting that the U.S. military has issued an essay in which it
urges its expertise in defense be put to use in protecting civilian
networked infrastructure, such as power grids, financial
institutions, etc. The essay from Foreign Affairs sets out
the concept...
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The ACH litigation team had its first ever (as far as I'm aware)
litigation retreat this weekend, and as I reminisce on our time, I
am struck by the realization that to be a successful business, you
have to allow your team to envision and strive for excellence with
you. This weekend we had some great discussion and
"vision-casting" on the areas of privacy litigation, Indiana
probate litigation, business law, Internet litigation, banking law,
SaaS litigation, and several other areas where we are...
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Gather 'round kids, this one is interesting. The decision
actually came out in May, 2010, and I regret that I haven't had a
chance to blog on it until now, but it is still a very interesting
order that should have implications to privacy litigation, and
litigation in general. In EEOC v. Simply Storage Management,
LLC, Docket No. 09-CV-01223, the Southern District of Indiana was
faced with the issue of discovery of social networking profiles of
two individuals that claimed sexual harrassment by...
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Every once in awhile, I have the inkling to make a blog post
that is not about developments in privacy litigation or technology
litigation or cloud computing law or foreclosures or any of the
other endless stream of ideas and legal thoughts that pass across
my desk. This is one of those times. Because, while I
think it is important for our readers to know that Mexico passed a
new data privacy law or that litigation related to CAN SPAM is
likely a rising field, I think it is equally important...
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I must take a moment to open with a caveat. The study of
privacy and hence privacy law or privacy litigation is an analysis
that spans centuries. In fact, while it seems like privacy
issues have only recently come to the forefront with the advent of
technology, they have, in fact, been prevalent in ever major level
of recorded history. I put this point out there to help you
recognize that there are books and books addressing the issues of
privacy and my little foray into the issue is but a...
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The United States
Supreme Court (SCOTUS) has granted certiori on a case in the
privacy litigation arena that focuses on the question of whether a
governmental employee has Fourth Amendment rights in the contents
of an employer issued pager. The case is
City of Ontario
v. Quon (
www.ca9.uscourts.gov/datastore/opinions/2008/06/18/0755282.pdf).
In
Quon, the Ninth Circuit made several decisions.
It first decided that a third party company that provided
texting services to the City of Ontario was...
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I know that as your friendly neighborhood Indiana technology
counsel, I usually post wonderful things about privacy
litigation (look to see my blog on the Supreme Court taking up
a case of privacy expectation in texting) and other fun cyberspace
law, but today I'm going to digress for just a bit. Indiana
Senate Bill 192 has recently been introduced by State Senator Sue
Errington (D-Delaware County) and would govern how a hospital
applies visitation rights in a domestic partnership situation
(
www...
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A colleague of mine brought to my attention two recent federal
cases in which the courts elected to deny motions to compel
electronically stored information (ESI). In
Kay Beer
Distributing v. Energy Brands, Inc.,the Eastern District of Wisconsin determined that, among
other things, Kay's request for every e-mail with their name in it
was too broad. The court also considered in its
determination the fact that Energy Brand's counsel had
offered to work with Kay to do more directed keyword...
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As an admitted technophile, I can't help but look into all the
newest gizmos and gadgets. Plus, working at an information
technology law firm, I can even bill it sometimes. Thus, I've
recently begun a fascination with e-books. Jason Wilson
has done a very interesting set of blogs looking at the use
of e-books (or lack of use) for lawyers (
www.jasnwilsn.com/).
Jason's viewpoint is as a counterpoint to a recent set of blogs by
Professor Eugene Volokh (
volokh.com/2009/10/02/the-future-of-books-...
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For my first foray into the world of blogging,
I think the important first step is to answer the standard
journalism questions necessary for any good story, namely, the who,
what, when, where, and why. Sorry for
the length. I promise that future blogs will be
shorter. Without further adieu, here we
go . . . .
Who: This one is easy because I
know a lot about me. My name is Chris
Stephen and I consider myself first and foremost a
litigator. Some people in my field like
to classify themselves...
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