Should Freedom of Information Requests Extend to Technology and Software Systems?
As originally published in Forbes on December 8, 2011. The New York Supreme Court recently considered whether the principles that underlie freedom of information requests apply to obtaining software systems that contain records that otherwise would have to be produced by the government. Applying a two-part litmus test, the court answered that question in the affirmative. This.. read more →
Eight Great Law & Technology Resources
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 →
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 →
Cell Phone Radiation? Text, Don’t Talk, advises FCC
As originally published in Forbes (May 9, 2011). How dangerous is your cell phone? The unfortunate reality is that you can’t really know. Even so, only one year ago, progressive San Francisco Mayor Gavin Newsome proposed an ordinance that would have required that all retailers inform consumers about the amount of radiation that cell phones.. read more →
Should Government Agencies Be Able To Exempt Themselves From The Privacy Act?
As originally published in Forbes (Apr. 26, 2011). In Shearson v. United States Department of Homeland Security (6th Cir. Apr. 21, 2011), the U.S. Court of Appeals for the Sixth Circuit considered the question whether, and under what circumstances, federal agencies may exempt themselves from the Privacy Act of 1974, a federal law that sets forth.. read more →
How To Make Sure Your Company’s Data Doesn’t Get Stuck In Europe
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 →
The Dodd-Frank Act’s Robust Whistleblowing Incentives
As originally published in Forbes (Apr. 14, 2011). The Securities Exchange Commission (“SEC”) settled three securities cases in July 2010 worth $550 million, $100million, and $75 million, respectively. Last year alone, the SEC and the Department of Justice (“DOJ”) settled three cases involving claims of corruption under the Foreign Corrupt Practices Act (“FCPA”). Those cases.. read more →