Did Apple Rob Your Library?

April 12, 2012
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The U.S. Department of Justice is much like erstwhile brokerage firm E.F. Hutton once was. When it talks, people listen. So when the DOJ this week filed an antitrust suit against Apple and five major book publishers for fixing prices in the electronic book (e-Book) publishing market, the industry noticed. These are myriad moving pieces to this complex and evolving.. read more →

Unleashing the “Snoball” Effect of Charitable Social Giving

December 28, 2011
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As originally published in Forbes on December 16, 2011. Imagine that you and two friends are in Atlanta this New Year’s Eve to cheer on your UVA Cavaliers in their college football Bowl Game against Auburn. Early that morning, you guarantee a victory and back it up by pledging a donation to charity. “I’m going to Snoball this,”.. read more →

Names to Know in Big Data: Hitachi Data Systems (HDS)

October 31, 2011
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As originally published in Forbes on October 25, 2011. Pairing Big Data with business intelligence (“BI” or analytics) is revolutionizing the business world in profound ways and at a dizzying pace. In terms of pure volume, the latest IDC Digital Universal Study reports that more than 1.8 zettabytes—10 to the power of 21 bytes—of information will be.. read more →

Eight Great Law & Technology Resources

October 31, 2011
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As originally published in Forbes on September 14, 20011. I always look for new resources to research Law & Technology, and I thought I’d share eight of my favorites. In no specific order: SCOTUSblog. For my money, SCOTUSblog is the finest legal blog, period. Since 2003, the husband and wife team of Tom Goldstein and.. read more →

E-Discovery Moves to the Cloud

August 26, 2011
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As originally published in Forbes (Aug. 26, 2011). Electronic discovery is moving to the cloud. This is hardly surprising when one considers the client-focused benefits of cloud computing and the extraordinary market opportunities for vendors. Let’s look at the numbers. The market for electronic discovery continues to grow with some estimates indicating aggregate software and.. read more →

Google: Can Anonymous Emails Remain Anonymous?

May 27, 2011
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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 →

Facebook Strikes A Blow To Social Media Spammers

May 9, 2011
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As originally published in Forbes (May 9, 2011). In Facebook, Inc. v. Max Bounty, Inc. (N.D. Cal. Apr. 28, 2011), U.S. District Court Judge Jeremy Fogel struck a serious blow to spammers who had transitioned from “mere” email schemes to social networking platforms like Facebook. Facebook argued that communications on its website fall within the meaning.. read more →

Texas’ Personal Data Spill Just Got Texas-Sized

May 7, 2011
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As originally published in Forbes (May 7, 2011). I wrote on April 26 that the State of Texas “has a really big mess on its hands” as a result of a year-long data breach by three state agencies that made publicly available on a searchable website the names, Social Security numbers, and other confidential information.. read more →

Facebook Must Produce — Not Merely “Provide Access” — to Electronically Stored Information (ESI) in Native Formats

May 2, 2011
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As originally published in Forbes (May 2, 2011). United States Magistrate Judge Howard Lloyd of the Northern District of California compelled Facebook to produce electronically storedinformation (“ESI”), not merely “provide access” thereto on a commercial website that allowed it to restrict class action plaintiffs from reviewing those materials properly. The court’s order granting the plaintiff’s.. read more →

How To Make Sure Your Company’s Data Doesn’t Get Stuck In Europe

April 22, 2011
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As originally published in Forbes (Apr. 22, 2011). As debates about data privacy rage in the United States—the Wikileaks Twitter case is a recent and prominent example—it is important for multinational corporations and other potential litigants (both plaintiffs and defendants) not only to understand the nuances of the markedly different privacy definitions and security standards in.. read more →