Your friendly neighborhood technology lawyer here: Clients
and colleagues often ask me to explain what I mean when I say
"technology litigation". And, to be frank, that term is
really composed of several different subsets of the law. One
such subset is privacy law. Over the next several blog posts,
I will provide a general overview of privacy law and privacy
litigation to arm you, my humble reader, with the knowledge to
assist your company (as well impress your friends at
parties).
The...
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Your friendly neighborhood technology lawyer here: As
you know, I'm a bit of a technophile and I've been watching the
iPad craze with interest. There are other similar products
that will be inundating the market in the near future (HP Slate and
the one that I'm watching with anticipation, Notion Ink's
Adam). As I watch, I've come to the conclusion that
tablet computers are the future of litigation, whether you're
talking privacy litigation, SaaS litigation, personal injury
litigation, or...
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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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Google announced in its blog today that Los Angeles has officially
switched to using Google Apps for e-mail and collaboration.
34,000 city employees will now be using the Google cloud to do
their work and, more importantly, their communication. This
is a substantial development in cloud computing law. This
will highlight the pros and cons of cloud computing for the
future,and is likely to shape the success of other municipalities
going the same way. Data issues and privacy litigation...
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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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Section 230 of the Communications
Decency Act (
47
USC 230), entitled “Protection for private blocking and
screening of offensive material”, is an important federal statute
for any interactive computer service provider. As a
technology lawyer, my law practice largely focuses on SaaS law,
software licensing law and Internet based businesses, this statute
impacts several of my clients.
The statute essentially provides protection for providers of
interactive computer services against information...
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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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