Privacy Communications & Media Electronic Discovery

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Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

Takeaways for Employers on the Hillary E-mail Debacle

5 Reasons Employers Should Prohibit Employees From Using Personal Email Accounts - Recently, a political firestorm has erupted as news stories revealed that Former Secretary of State (and likely Presidential Candidate)...more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

No Captain at the Helm: Information Governance’s Leadership Problem

Effective information governance is about taking information — your most important business asset — and looking at ways to better leverage it in a manner that streamlines the business processes, and reduces costs and risk....more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

Discovery and Social Media

The advent of social media has brought about many changes in the world of litigation, not the least of which is the availability of information that previously would have been impossible to discover. It is hardly an...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Status Updates - October 2014 #6

..Buy local. Facebook has just announced that it’s going to provide hyper-local advertising services for merchants who want to reach consumers in very specific geographic areas. This new feature reportedly will allow a...more

Cybersecurity Litigation Monthly Newsletter

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,...more

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Facebook: What Exactly are We Sharing When We Update Our Statuses?

Facebook’s newest feature may have you thinking twice about your status updates. However it’s not what you write that you should worry about, but rather where you write it. The social media giant has unveiled the latest...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

Risky Business: "Bring-Your-Own-Device" And Your Company

Smartphones and tablets are everywhere. Largely prompted by Apple, Samsung, and Google’s consumer-centric marketing strategies, people are spending more and more money on the latest and fastest mobile devices, upgrading them...more

The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

A Hurdle To Obtaining Electronic Evidence

While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

Defendants Want Social Media, Plaintiffs Want E-Discovery

In civil discovery, defense lawyers are seeking plaintiff's social media (meanwhile, a defendant-corporation likely has little social media to worry about). BUT, plaintiffs are seeking defendant's e-discovery (which the...more

What the Pateaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

What Does A Child Pornography Case Tell You About Computer Evidence?

What Does a Child Pornography Case Tell You About Computer Evidence? was published in the November 2012 Palm Beach Bar Bulletin and discusses the recent United States v. Seiver case as well as the simple steps for lawyers,...more

Unfiltered Orange | Weekly eDiscovery News Update – October 10, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

In-House Counsel in the Cloud Can You Trust Online Storage

This article explains to in-house corporate counsels the risks, benefits, and issues to investigate regarding cloud storage of data....more

Unfiltered Orange | Weekly eDiscovery News Update – February 15, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Unfiltered Orange | Weekly eDiscovery News Update – February 8, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

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