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...Read More »
Interesting case (2009 WL
4261214) came across my desk. Not related to Indiana Internet
litigation, but interesting conundrum. The basic facts are
that client wanted to send e-mail response to his attorneys.
In adding the second attorney, he inadvertently sent it to a
third party. Through several forwards, it ends up at his
opposing counsel's desk. That counsel wants to use it in
litigation. Ultimately, the Idaho District Court found that
it was an inadvertent production and made the...Read More »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...Read More »
Something crossed my screen today that piqued my interest.
That concept is competitive keyword advertising litigation.
The case that sparked my curiosity is Fair Isaac Corp v. Experian
Information Solutions, Inc., 2009 WL 4263699 (D.
Minn. 11/25/2009) (www.jurisnote.com/Cases/fair6411.pdf). For a
good analysis of the ruling see Eric Goldman's blog (blog.ericgoldman.org/archives/2009/12/competitive_key.htm).
Interestingly, the case law to date on this issue has found for the
defendants in...Read More »
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-...
Read More »
WIth the FTC guideline debate firing up the information technology
law debates, Eric Goldman had an interesting post on Monday about
the possiblity of 47 U.S.C. 230 preempting at least a portion of
the guidelines. Here is the text of his post (found at his
Technology & Marketing Law blog):
"Last week’s release of the FTC's new Endorsement and Testimonial Guidelines has generated a significant amount of angst online. The resulting commentary has been strongly and almost uniformly negative....
Read More »The Federal Trade Commission has published its Final
Guide Concerning the Use of Endorsement and Testimonial in
Advertising (16 C.F.R. Part 255) (link to notice-www.ftc.gov/opa/2009/10/endortest.shtm).
This Guide addresses in detail the use of blogging endorsements for
products. Under the new Guide, bloggers will be required to
disclose the material connection they share with the seller of a
product or services. These guides are not law, but are rather
administrative interpretations of law to...Read More »
Last Tuesday, I attended the TechPoint
Innovation Summit. In addition to meeting some great
entrepreneurs and technology business people, I was fortunate
enough to hear Clayton Christensen speak about his disruptive
innovation economic theory. I have to admit that this was my
first exposure to this particular theory, but it highly intrigued
me and made me think about its applicability to the practice of law
in general and to business law firms specifically.
In a nutshell, Christensen's theory...Read More »
In a nutshell, Christensen's theory...Read More »
I had every intention today of writing an insightful piece on the
recent Lori Drew decision handed down by District Court in
California yesterday, however, Eric Goldman beat me to it. So, I'm
going to instead give you the link to his blog post on it and send
him a big kudos from the Indiana technology law world.
Professor Goldman's tech and marketing blog (which I recommend to anyone that is interested in cyberlaw or Internet litigation) is http://blog.ericgoldman.org/. His blog also has a link...Read More »
Professor Goldman's tech and marketing blog (which I recommend to anyone that is interested in cyberlaw or Internet litigation) is http://blog.ericgoldman.org/. His blog also has a link...Read More »
One aspect of any litigation, be it internet litigation, software
litigation, any any other type, is the production of documents in
discovery. Accompanying this necessary procedure is the fear
and stomach-wrenching possiblity of the inadvertent production of
privileged materials. Nothing will make an attorney or a
client go pale faster than realzing that they've produced to
opposinig counsel a correspondence between client and
attorney. The proliferation of electronically stored
information...Read More »
First, let me give a big "shout out" to my new colleagues Brian
Hewitt and Dave Leske. Brian Hewitt recently became a name
partner with Alerding Castor LLP. The new firm of Alerding
Castor Hewitt LLP exploded into being on June 28, 2009. Brian
is a litigator of the highest caliber with years of experience in
commercial, banking, and probate litigation. Additionally, he
is an outstanding mediator. Dave, who also joined the firm on
June 28, 2009, is a transactional attorney with a background...Read More »
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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