Federal E-Discovery Issues

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Tuesday, June 30, 2009

By H. Christopher Boehning And Daniel J. Toal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as with any new technology, companies need to think about preservation and collection before they adopt the technology. Companies that already have embraced social networking, they advise, should ensure that they are prepared to preserve, collect, and produce social networking data for an appropriate case and that their electronic communications policy is ready for the new social networking reality.

Computer Crime

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Tuesday, June 23, 2009

By David Frey

David Frey, an assistant district attorney on Staten Island and chief of the computer and technology investigations unit, writes that when one finishes digesting the Weaver case, one realizes that although the Court has declared that law enforcement must get a warrant in order to use GPS technology, that questions are left unasnswered, including, since the Court was offended by the length of time the GPS device was attached, does it give a time limit it finds reasonable?

Free With Registration: Sotomayor's Rulings Show Ample Exposure to IP, Tech Law Issues

Tuesday, June 16, 2009

By Kelly D. Talcott

Kelly D. Talcott, a partner at Edwards Angell Palmer & Dodge, writes that Judge Sotomayor has substantial experience with trademark law that began while she was in private practice as a partner at Pavia & Harcourt. Two of her 10 "most significant litigated matters" while in private practice as reported to the Senate, he notes, were trademark lawsuits, with the judge describing how she created an anti-counterfeiting program for Fendi.

Free: Webwatch

Tuesday, June 9, 2009

Sites to check out.

Privacy Expectation In the Age of GPS

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Tuesday, June 9, 2009

By David Bender

David Bender, a solo practitioner, writes: The "expectation of privacy" has been a touchstone of privacy law since U.S. Supreme Court Justice John M. Harlan first enunciated the phrase four decades ago. But applying that characterization, especially to advancing technology, has proved difficult. Consider an advance that permits easy, inexpensive and comprehensive gathering of information that previously was lawfully collectible, but only with a great expenditure of resources. Should a quantum jump in the ease, inexpensiveness and magnitude of collection alter the expectation? The New York Court of Appeals recently grappled with these issues.