Disclosure of Confidential Metadata

    I’ve posted articles previously about the dangers of inadvertent disclosure of privileged or confidential materials through metadata, see, e.g., Native File Format and Metadata . Most people I’ve talked to haven’t really considered the...

    Using Social Networks for Due Diligence

    How do you perform your litigation background checks? Checking court records and even Googling subjects only gets you so far. As astutely noted by Tamara Thompson in Law.com’s Technology News, “Social networking activity can be quite revealing...

    To Friend or Not to Friend – Social Media for Lawyers

    On the Legal Intelligencer Blog, Attorney Gina F. Rubel of Furia Rubel Communications, Inc. is posting a series of articles devoted to social networking for attorneys. She writes: As an avid user of social media platforms such as Linkedin, Facebook...

    How to Properly Erase a Hard Drive

    Productivity blog Lifehacker recently reported that in a recent experiment performed by Kessler International, a computer forensics company from New York, regarding used hard drives available on eBay, 40% of the hard disk drives purchased on eBay contained...

    Making Twitter Work for You

    You are following a dozen attorneys in your legal specialty who use Twitter extensively, and some others outside of your field who are boring you to death. You are following a couple of publications in your field, two bar association resources, and of...

    Moving On Up – Moving Past Your First Tweet on Twitter

    You may have once asked yourself – “What if I gave a party and no one showed up?” You have now posted your first Tweet on Twitter, and there its sits, doing nothing. And you are asking yourself – “What if I keep Tweeting...

    Do You Twitter? Well, It’s Time You Did

    In summer of 1992 after the Democratic convention, Bill Clinton and Al Gore made a historic bus trip across the country that created the momentum that led to their victory that November. The trip captured the attention of the media and the voters because...

    Internet Contracts

    The Internet has quickly become a vital marketplace for consumer and business commercial transactions. However, Internet electronic commerce could not become a successful marketplace unless it became possible to form binding electronic contracts between...

    Cyberspace Glossary

    Cyberspace is a metaphor used to describe the nonphysical, virtual terrain created by computer systems. (The prefix "cyber" means anything related to computers or to the Internet.) Like physical space, cyberspace contains objects (files, mail...

    Things NOT to Include in an Email

    Roger Matus, CEO of InBoxer, Inc. of Concord, Mass. and a well-known commentator on the use of email, IM, and messaging technologies, has posted some great advice from Cataphora CEO Elizabeth Charnock on his Death by Email blog in 10 Things Never To Put...

    Dangerous Curves Ahead: The Crossroads of Ethics and Technology

    The American Bar Association has posted a very helpful outline from a session from the Arkansas Bar Association Midyear meeting identifying some risks of the use of technology in the law office. The ABA intro provides as follows: Technology provides...

    Don’t Let Your Legal Career “Flash” Before Your Eyes

    Ah, the wonders of the flash drive. First made commercially available in 2000, the flash drive is a technological wonder that allows mass storage of data, including word processing documents, spreadsheets, slide shows, images, and movies, on a device...

    The Legal Profession, Personal Responsibility, and the Internet

    Our law students are more tech-savvy than ever. Unfortunately, they occasionally lack sense. Some of them simply fail to realize that we -- professors, bar examiners, and law firms -- see material they post online. Others make a game out of being intentionally...

    E-Discovery: the Good, the Bad and the Ugly

    With much fanfare, in December 2006 the Federal Rules of Civil Procedure were changed to address electronic discovery issues. After those changes, the rules provide that emails, text messages and other forms of electronically stored information ("ESI"...

    Discovery of Electronically Stored Documents

    Corporations today store thousands of documents on their computers: original drafts, rewritten contracts, notices, publications, and e-mail discussions and conversations. When there is contested litigation involving large corporations, culling through...

    Native File Format and Metadata

    The 2006 amendments to the Federal Rules of Civil Procedure answered many questions about the discovery of electronically stored information (ESI), but they left to case law development issues arising from the discovery and production of ESI in native...

    Preserving & Searching Stored Information on a Computer

    Data in RAM is impermanent and may exist for less than a second. In Columbia Pictures Indus. v. Bunnell , the court ordered the defendant to preserve certain data in RAM, which was crucial to the plaintiff's copyright infringement claims. John Rabiej...

    Validity of Electronic Communications and Employee Electronic Signatures

    Increasingly employees and employers prefer electronic communications (particularly electronic mail) over inefficient, slow, and often cumbersome transmission of paper copies of documents. But what about the legal validity of electronic communications...

    So you want to practice Cyberlaw?

    Interested in practicing in the Cyberlaw area? Here’s what you have to look forward to… Type of Firms Practicing Cyberlaw Within the last decade, large and national law firms have been establishing electronic commerce law departments...

    The Consequences of Failing to Use Online Resources

    "Consequences, Schmonsequences, as long as I'm rich" Daffy Duck in Ali Baba Bunny (1957) Here at Litigation Update, we love uncovering the mistakes attorneys (and others) make by failing to use the online resources readily available...

    An Overview of the Uniform Computer Information Transactions Act

    Few would question that the United States economy has shifted into a new era. The Industrial Age, characterized by huge factories and the mass production of goods, has given way to the Information Age, characterized by the dominance of the service sector...