Features
9th Circuit: Police Violated Google Users' Privacy Rights After Automated Email Scan Detected Child Pornography
A federal appeals court found that law enforcement violated a Google user's constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
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Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Being charged per gigabyte by an e-discovery software platform isn't new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
Features
Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees' Exposure
Situations involving an employee's voluntary online exposure rarely end well and can bring legal exposure for the employer.
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How to Address Evolving Privacy Regulations During Discovery
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Features
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
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Biometric Law Litigation Expands Beyond Social Media
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
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Emojis and E-Discovery
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
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Applying Scientific Method to E-Discovery Growth
This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
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Tightening Antitrust Enforcement Could Be Boon for E-Discovery
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
Features
Virtual Reality or the New Reality of Virtual Practice?
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
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- Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary SupportThe International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.Read More ›
- The Binding Effect of Plea Agreements In White Collar CrimesFederal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.Read More ›
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