Technology

ClementAfter John Oliver used dogs to create a recap of the Holt v. Hobbs argument, he asked other media outlets to use his raw footage in their own reporting. As much as we enjoyed the subsequent recreation of the entire Hobby Lobby argument with the aid of Oliver’s raw footage, this may be the ultimate realization of Oliver’s dream yet.

Rather than matching the audio of the whole argument uncut, these folks used the footage as part of an otherwise straight-up report on the Court’s shortcomings in addressing technological innovation. And included scenes like the Court’s back-and-forth about whether cutting-edge innovator Aereo operated “more like a car dealership or a valet service” but with the aid of Oliver’s dog footage. Check it out below….

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Ultron1As the saying goes, death and taxes are both certainties — as is the fact that politicians lie. But another near universal certainty is that Marvel will totally freak out whenever it gets the slightest inkling that its intellectual property is threatened. The latest head-scratching example of this was yesterday’s leak of a trailer for The Avengers 2, which Marvel promptly DMCA’d.

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Significant Case Developments

P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims
Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.).

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”

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facebook_logoWhen we founded LexBlog, blog posts were delivered directly to readers by way of RSS feeds, email subscription, search results and bookmarks.

Fast forward 11 years and Facebook, with Google, dominates media distribution. Readers are no longer receiving blogs directly. Blog posts are being distributed socially.

From Frédéric Filloux (@filloux), general manager of the French ePresse consortium:

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Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include the adoption of chip-and-PIN (also known as EMV) payment terminals and cards, and the implementation of multi-factor authentication on digital applications where consumers can access personal information.

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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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How much for a “disease domain”?

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