Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202518444770
A Pennsylvania man indicted for making violent threats on Facebook is challenging the constitutionality of the federal cyberstalking statute, arguing that the law criminalizes “pure speech” and is vague and overbroad. In the indictment, Anthony Elonis, 27, is charged with making threats in Facebook postings after he was fired from his job at a theme park.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202518251260
In another example of courts grappling with police searches of electronic devices, a California appeal court Wednesday backed the warrantless search of a juvenile’s digital camera. The unpublished opinion cites the California Supreme Court’s 5-2 decision in People v. Diaz, which OK’d warrantless searches of cell phones found on arrestees.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202517950560
A recent e-discovery opinion by Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia — DL v. District of Columbia — appears to confirm that public litigants can expect to be held to the same exacting standards as everyone else, write H. Christopher Boehning and Daniel J. Toal of Paul Weiss.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202517958603
LegalZoom, an online legal services company that wants to sell standard legal forms in North Carolina from its website and provide other services, is suing the N.C. State Bar, which says the company engages in the unauthorized practice of law. The company wants a judge to say it can sell forms on its site and allow it to register to sell prepaid legal services.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202517697589
Courts across the U.S. are recognizing that early attention to e-discovery issues helps reduce costs and delays. The 7th Circuit Pilot Program is one example that shows how best practices can be achieved under current Federal Rules by using well-drawn protocols to promote cooperation and transparency, write Milberg’s Ariana J. Tadler and Henry J. Kelston.
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Source: http://www.internetevolution.com/author.asp?section_id=466&doc_id=234016&f_src=internetevolution_sitedefault
Privacy groups and regulators are taking interest in Facebook’s new “frictionless” tracking techniques both here and in Europe.
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Source: http://www.techdirt.com/articles/20110929/14484816139/is-facebook-violating-law-just-encouraging-you-to-share.shtml
While we know that Facebook collects a ton of data on people, and we absolutely agree that the way it implemented some of its frictionless sharing is ridiculously unclear, does that mean it should be illegal? The privacy group EPIC, who has such a low opinion of all of human kind that it feels that only it should decide whether or not you can share your own info, is asking the feds to ban Facebook’s frictionless sharing [...]
Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202517193127
McDermott Will & Emery has added two patent attorneys in Silicon Valley, including one partner, and has hired 10 associates and one partner in Orange County, Calif. Tech companies are moving into new growth areas such as cloud computing and telecommunications, and that means acquiring more patents, says McDermott partner Mark Itri of Orange County.
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Source: http://feeds.lexblog.com/~r/E-discoveryLawAlert/~3/PNsKwfrhvTY/
Failure to properly preserve electronic evidence continues to provide at-risk litigants with the ability to steer the court from scrutiny of the merits, and drastically shift the balance of litigation leverage.
The latest example of this is NVE, Inc. v. Palmeroni out of the District of New Jersey. This case involved NVE’s claims of breach of fiduciary duty against its former employee Palmeroni. At least on the specific Complaint allegations, NVE’s case against Palmeroni seems formidable — while [...]
Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202516880319
The 1st Circuit ruled in Glik the “proliferation of electronic devices with video-recording capability” extends First Amendment protections to private citizens who record police officers acting in their official capacities. But attorney Ben Feuer argues the decision’s precedential reach in practice may extend no further than the 1st Circuit.
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Source: http://feeds.lexblog.com/~r/ediscoverylaw/klgates/~3/LfP1H9J4CG4/
United States v. Briggs, No. 10CR184S, 2011 WL 4017886 (W.D.N.Y. Sept. 8, 2011)
Defendants were charged with several counts related to the distribution of cocaine. In its disclosures, the Government produced thousands of pages of documents as well as audio recordings, none of which were text searchable. Defendants sought reproduction. Noting the lack of relevant criminal rules and discussing the requirements of Fed. R. Civ. P. 34, the court relied upon its inherent authority to order reproduction in native [...]
Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202516663239
Vidyo, a specialist in videoconferencing technology through mobile devices and public networks, is starting a new push into the legal industry. The company recently raised $22.5 million in venture capital and is hiring additional staff to target law firms. It differs from high-end options by having fewer requirements for special hardware.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202515702531
Most data breaches could have been avoided with good security practices. But breaches raise issues for electronic data discovery, writes consultant and attorney Albert Barsocchini, particularly for practitioners using web-based review services. Care must be taken when evaluating and choosing vendors to be sure data is protected throughout the EDD process.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202514865170
“Tweet” may be ubiquitous slang for Twitter’s 140-character posts. But the site has struggled unsuccessfully to trademark the word. The U.S. Patent and Trademark Office has suspended the site’s trademark applications for tweet because other companies applied to trademark various versions of the mark before Twitter did. Now Twitter has gone to federal court.
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Source: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202514940600
Although Lycos’ claims to search engine supremacy are in the past, a group of investors believe a couple of internet search-related patents the company owned could be very valuable. Lycos sold the patents to a company called I/P Engine, which is now asserting them in an infringement suit targeting Google, AOL, IAC Search & Media, Gannett, and Target.
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