When Technology Disrupts Enforcement of Judicial Decisions
As originally published in Forbes on October 17, 2011. Contemporary discussions of the relationship between law and technology understandably focus on the inability of the law to keep pace with rapid advancements in technology. Issues related to electronic discovery, cloud computing, social media, and data privacy immediately come to mind. This dynamic has been described accurately as a cat and mouse.. read more →
The Demise of Electronic Discovery’s Per-Gigabyte Price Model
I’ve written on several occasions that one of the best ways to learn about timely topics, especially in an industry changing so rapidly, is via webinars and podcasts. I had the opportunity to listen to E-Discovery—Without The High Price Tag on Digital Detectives, a great series held regularly by Sharon Nelson and John Simek, President.. read more →
Data Security And The Imperative of Private Clouds
As originally published in Forbes (Sept. 9, 2011). In the past several months, I have written three articles about cloud computing, including one that outlines the manner in which electronic discovery continues to migrate to the cloud. My enthusiasm for the cloud has not diminished, as I feel that the cloud is a business imperative,.. read more →
E-Discovery Moves to the Cloud
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 →
Privilege Waived? Federal Court Says Don’t Blame Your Electronic Discovery Vendor
As originally published in Forbes (Aug. 19, 2011). The buck stops here. In Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. Aug. 9, 2011), the Northern District of Illinois held that a litigant that was negligent throughout the discovery process and failed “to check the production database created by the [third-party e-discovery.. read more →
Enterprise Management of Intellectual Property
As originally published in Forbes (Aug. 11, 2011). According to former Chairman of the Federal Reserve Alan Greenspan, the ideas embodied in products and services that consumers value drive the majority of our national GDP growth. We protect those ideas with intellectual property (“IP”) rights. Individuals often hold IP rights, but more often they reside.. read more →
State of the Intellectual Property (IP) Union
As originally published in Forbes (July 22, 2011). Guest Post by Tyron Stading Only four years ago, the majority of patents and intellectual property (“IP”) concerns were confined to the legal department. Since then, the patent landscape has morphed into a complex terrain forcing corporations to create business teams with executive oversight to focus solely.. read more →
Automated Management of Legal Holds
As originally published in Forbes (July 6, 2011). Recent federal court cases have reinforced that legal holds are an indispensable element of electronic discovery. A legal hold is a corporation’s legal duty to preserve electronically stored information (“ESI”). A hold issued internally within a corporation places potentially key custodians on notice to retain materials that.. read more →
The Shifting Demarcations of the Inequitable Conduct Doctrine
As originally published in Forbes (June 17, 2011). In Therasense, Inc. v. Becton, Dickinson, and Co. (Fed. Cir. May 25, 2011), the Federal Circuit en banc significantly changed the standards of patent law’s inequitable conduct doctrine. According to Karl Renner, a Principal at the law firm Fish & Richardson, this is particularly true with respect.. read more →
Ninth Circuit Rejects Alleged Cable TV Bundling Antitrust Claims
As originally published in Forbes (June 8, 2011). In Brantley v. NBC Universal, Inc. (9th Cir. Jun. 3, 2011), the U.S. Court of Appeals for the Ninth Circuit took a close look at a “putative class” of cable and satellite television subscribers who alleged that the selling practices of that market’s programmers and distributors constituted.. read more →