Michael Kozubek

Michael Kozubek

September 26, 2013 | Corporate Counsel

Magistrate judge limits scope of the duty to preserve in denying spoliation sanctions

The plaintiffs sought adverse inference sanctions against defendant Cisco for reformatting and destroying data on the computer of former employee Terry McKeon. The July 15 opinion in the Federal District Court for the Northern District of California outlines the current state of law on the duty to preserve data and...

By Michael Kozubek

11 minute read

August 29, 2013 | Corporate Counsel

Hotel chain challenges the FTC’s power to sue over data breaches

Privacy and data security experts are closely watching a case that for the first time challenges the Federal Trade Commissions (FTC) authority to sue companies on behalf of consumers for cybersecurity breaches and lax or misleading data security policies.

By Michael Kozubek

5 minute read

August 04, 2013 | Corporate Counsel

Recent cases show predictive coding hasn’t entirely replaced earlier technology

Last year, Magistrate Judge Andrew Peck of the U.S. District Court for the Southern District of New York issued the first judicial opinion recognizing predictive coding.

By Michael Kozubek

18 minute read

June 30, 2013 | Corporate Counsel

Proposed federal rule changes would limit the scope of e-discovery

Recently published proposed federal rules aim to reduce the time and costs of e-discovery, but experts disagree on their likely impact.

By Michael Kozubek

5 minute read

May 21, 2013 | Corporate Counsel

Federal court denies class certification in Silicon Valley antitrust case

When a Google recruiter emailed an Apple employee in 2007 about a possible opening, the late Apple CEO Steve Jobs discovered the email and quickly forwarded it to his counterpart at Google, CEO Eric Schmidt.

By Michael Kozubek

5 minute read

April 30, 2013 | Corporate Counsel

Federal court orders losing party to pay the costs of computer-assisted review

Responding to e-discovery demands remains an important but budget-busting stage of litigation.

By Michael Kozubek

5 minute read

April 30, 2013 | Corporate Counsel

What e-discovery costs are recoverable?

A key issue for federal courts continues to be interpreting what parts of the expensive collection, processing and production of electronic data are recoverable.

By Michael Kozubek

3 minute read

March 25, 2013 | Corporate Counsel

Social networking app settles over privacy violations

On the same day in February that it released its recommendations on mobile app privacy, the Federal Trade Commission (FTC) announced a settlement with Path, a social networking app.

By Michael Kozubek

1 minute read

March 25, 2013 | Corporate Counsel

New FTC recommendations target mobile privacy concerns

In the past few years, mobile devices have become an integral part of business and personal communications.

By Michael Kozubek

5 minute read

February 25, 2013 | Corporate Counsel

How to enforce ownership of social media accounts

Cases highlight importance of written policies

By Michael Kozubek

23 minute read


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