Google: Can Anonymous Emails Remain Anonymous?
As published in Forbes (May 27, 2011). When may an anonymous email remain anonymous? A New York appellate court addressed this very question last week in Sandals Resort International Ltd. v. Google, Inc. and held that the validity of a request to an email service provider such as Google (GMail) to ascertain the identity of.. read more →
Supreme Court Addresses Inhumane Conditions in California Prisons, Orders Release of 46,000 Inmates
As originally published in Forbes (May 23, 2011). In a highly controversial 5-4 decision today, the Supreme Court upheld with “undoubted, grave concern” a lower court opinion that held that no remedy for the systemic violation of constitutional rights in California prisons would be effective without reducing the State’s prison system population. Brown v. Plata.. read more →
E-Discovery, Special Masters, and Soaring Costs
As originally published in Forbes (May 23, 2011). Expensive third-party vendor e-Discovery costs cannot necessarily be recovered by the prevailing party. And assessing complex e-Discovery won’t necessarily justify a Special Master to review it. In Race Tires America, Inc. v. Hoosier Racing Tire Corp. (W.D. Pa. 2011), the plaintiff, a division of Specialty Tires of.. read more →
Why You Should Think Very Seriously Before Expressing Political Views at Airport Security
As originally published in Forbes (May 22, 2011). Think twice about expressing political views — including citing the Bill of Rights — the next time you go through airport security. That’s exactly what Aaron Tobey did, and he paid the price. The facts of Tobey v. Napolitano (E.D. Va.) are allegedly as follows, as set.. read more →
FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest
The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under.. read more →