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Attorney-Client Privilege and E-Docs
To be privileged, a communication must not only be intended as confidential, it must actually be confidential. Attorney Stephen M. Kramarsky notes that much of the law regarding waiver is not well settled and these issues grow in complexity where electronic communications are involved.
Alleged Facts Key to Duty to Defend Spam Suits
Relying in part on case law requiring courts to look to the factual background -- and not the legal theories -- found in an underlying complaint, a Pennsylvania Superior Court panel has ruled an insurance company has no duty to defend an office supply company accused of sending spam faxes.
Lawyers in Apple-Samsung Patent Dispute Try for Simple Themes
In an intriguing gambit, Korea-based Samsung argued to a California jury Tuesday that Apple is threatening to ruin Silicon Valley's culture by "seeking a competitive edge in the courtroom." Apple, meanwhile, seemed to have a more natural story to tell as the tech giants wrapped up their trial over tablet and smartphone design and functionality.
Waging Trademark War Against 'i-Pirates' and 'Droid Bandits'
Trademark infringers have preyed on the fertile software marketplaces opened by Apple's App Store and Google's new Android Market by offering apps for download under names identical or confusingly similar to better known brand names -- "i-piracy." Although online marketplaces can intimidate, there are strategies trademark owners can employ to gain the upper hand against infringement.
Copyright Office Makes Technology a Priority
In June, then-newly appointed Register of Copyrights Maria Pallante spoke with LTN staff reporter Evan Koblentz about her new role, "I would hope that my appreciation of technology was a factor. I see the technology sector as an important stakeholder in the copyright world, generally." Her plan released Tuesday, "Projects and Priorities of the U.S. Copyright Office October 2011-October 2013," appears ready to deliver on Pallante's belief in the importance technology has to play ... [MORE]
Can Research in Motion Get Back in the Race?
As Nortel fades into obscurity, there are those who say its demise can be seen as a cautionary tale for RIM. "I hope," says Canadian business history professor Joe Martin, "that somebody at RIM is studying what Nortel did wrong." As part of a group of tech giants that won the auction for Nortel's patents, will the prized portfolio help RIM's fortunes going forward?
Law Library Subscriptions: Paper or Electronic?
If your law librarian seems frazzled, that may be because it's renewal time. Technology has added significantly to the workload of librarians, attorneys, administrators and academics who make library subscription decisions. Is the publication available electronically? What's the licensing agreement? Who'll keep track of passwords? Even processing a single renewal can be a time-consuming process.
Facebook Creates New Mess for EDD: Messages
Facebook's new messaging system has three components: seamless messaging, a social inbox, and conversation history. Messages -- text, chat, perhaps even smoke signals -- will be preserved forever, posing new e-discovery risks for employers from a social network with over 500 million users.
Sniff Out -- and Delete -- E-Mail Scams
Lawyers do not consider themselves technical, but since they routinely scrutinize documents they should not be at the mercy of online crooks who often do a shamefully bad job of covering their tracks. Lawyers need to be proactive and decisive in deleting the scam e-mails they receive.Trending Stories
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