Technology

ediscovery

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary Arts, Inc. (Sallie Mae) (August 27, 2014, B250600) Cal.App.4th (2014 WL 4793703), the court defined subpoenaed parties’ obligations to extract existing data from computer systems and upheld an award of attorneys’ fees against the recalcitrant third party. The court concluded that it is unreasonable for a third party to withhold ESI that exists in its computer systems on the basis that outputting the ESI entails creating a “new” spreadsheet.

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Sometime around about 5 years ago, I noticed people starting putting this at the end of their emails:

consider

That’s a webdings font character of a tree and not an image file, in case you were wondering.

Whoever the first person was who did this clearly lived in a different world than me — a world where lawyers would get emails on their computers and would just keep printing them out and putting them into binders to read later. In that world, I could see why someone would want to speak up. On planet Earth, however, that is not the case. Emails occasionally get printed to get filed in a correspondence file, or they get printed as trial exhibits, but that’s about it. They are only a tiny fraction of the paper lawyers waste. This is the Kony 2012 of the environmental battles — it’s a noble war, but a pointless battle. There are many more righteous green battles to be fought in the environmental war than the faux epidemic of lawyers who refuse to stop printing their emails. Instead the “please consider the environment” email signature is more like one of those “I voted” stickers — both serve no purpose other than proclaiming your self-righteousness for performing a civic duty.

In order for that disclaimer to have served a beneficial purpose to the environment, there had to be a conversation just like this somewhere:

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DLA Piper won't 'like' this lawsuit.

DLA Piper won’t ‘like’ this lawsuit.

Biglaw firms love having Facebook as a client. The firms and lawyers that represent Facebook often brag about it on their websites and in conversation. The former scrappy startup is now an S&P 500 component with a market capitalization of $200 billion. It’s great to have Facebook as a client.

It’s less great to have Facebook as your courtroom adversary. But that’s exactly the position that DLA Piper finds itself in. Earlier today, the social-media giant filed a lawsuit against the Biglaw behemoth, as well as several other lawyers and law firms.

Why does Facebook want DLA to pay the piper?

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credit cardsEd note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.

A Russian cybercriminal allegedly “was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.” According to an October 9, 2014 Department of Justice (DOJ) Press Release that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia was indicted:

…with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft.

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stat image

How much for a “disease domain”?

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Blogging TypewriterEugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.

Not surprisingly, the court soundly rejected this particular interpretation of copyright law….

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Africa LF* “There’s too much at stake—too much money and interest.” Biglaw firms in West Africa are surviving, nay, thriving, despite the fact that the area is afflicted by the terrors of Ebola. [Am Law Daily]

* “[T]ake a step back, to pause to consider, I hope, a change of course.” The head of the FBI is pissed about cell encryption, and he wants tech companies to cut it out with this privacy stuff. [WSJ Law Blog]

* Buchanan Ingersoll & Rooney has a new chief financial officer. At Pittsburgh’s third-largest firm, the former litigation practice director could really make a name for himself. [Pittsburgh Business Times]

* Former employees — even lawyers — of the recently failed Canadian firm Heenan Blaikie are filing suit, seeking hundreds of thousands of dollars in severance pay. Good luck with that, eh? [Globe and Mail]

* According to NY AG Eric Schneiderman, 72% of Airbnb rental sites in New York City are operating illegally. This is going to be problematic for those who enjoy the services of faux hotels. [New York Times]

We all face technology choices, but when you’re managing a law firm, these choices are all the more important, since the tools you settle on become a regular part of your day-to-day life. Making a bad decision about technology in your law practice can be particularly unpleasant since the effects are often long-term ones due to the high upfront investment required.

That’s why your decision regarding which computers and operating systems to use in your law firm is such an vital one. Once purchased, you’ll use those computers and compatible software for years to come. Making the right choice for your law firm can make all the difference.

Because PCs and compatible software dominate the marketplace, PCs are the computer of choice for most law firms. But some attorneys choose the path less traveled and opt to go with Macs. Eric Gold, a California estate practice and family law attorney, is one of those lawyers.

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Last Friday, I was in my office when I noticed that my Dropbox tray icon said that I had 2,000 files left to sync. I thought that was weird because I didn’t remember adding thousands of files.

But, since I’ve never had any problems in the past with Dropbox, I didn’t think much of it… until later that evening, when I received the following email from Dropbox:

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Ed. note: This is the latest post by Above the Law’s guest conversationalist, Zach Abramowitz, of blogcasting platform ReplyAll. You can see some of his other conversations and musings here.

In August, Personal Audio Inc. — a “patent troll” or a “patent holding company,” depending on your point of view — dropped its case against Adam Carolla for alleged violations of its purported patent on podcasting, or more specifically, creating sequenced playlists for download. Personal Audio apparently thought it could get a settlement out of Carolla, the same way it has against CBS and other big companies, by threatening expensive litigation.

But in his typical %^&# you fashion, Carolla proceeded to join forces with other podcasters, like Jay Mohr and Marc Maron, to crowdfund a legal defense fund against Personal Audio. The resulting litigation ultimately caused Personal Audio to drop its lawsuit. Mike August is a former William & Morris agent, an attorney, and the business manager of Carolla Digital. He has been nice enough to answer some of my questions and tell us about the future of podcasting and crowdfunded lawsuits.

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