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There's an App for That! Apps that Share User Data

Three law firms based in Austin, Texas recently filed suit on behalf of 13 people claiming that almost 20 apps, including Facebook, Foursquare, Yelp and Twitter, violate policies put in place by...

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Google’s Use of Trademarked Keywords Not Immunized by Functionality Says...

Trademark owners agonizing over internet search engine technology and their ability to protect their brand scan step back from the ledge, at least for the moment. The fact that their trademarks may...

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Courts and Social Media

A year ago we published an article in The Whisper titled Please Jurors, Check Your iPhone With The Bailiff (Vol. 7, Issue 2.) The article discussed the increasingly frequent problem of jurors' use of...

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Lawyers' Use of Internet To Influence Jurors

In an earlier article, we discussed the danger posed to an impartial jury system by the “Googling Juror.” In his article titled “Lawyers’ Use of Internet to Influence Jurors” (New York Law Journal,...

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FDA and Social Media - The Safety and Innovation Act Gives FDA Two More Years...

As Congress Resets the Clock Until After the Elections, the Supreme Court Issues Significant Opinions Limiting Governmental Power to Restrict Commercial Speech On July 9, 2012, President Obama signed...

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Ethics 20/20: The Impact of Technology

Every day, we see the impact of technology on the practice of law. Blogs, social networking, electronically stored information, and other legal resources create enormous economies and unprecedented...

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Insurance Coverage and Cyber Crimes

A recent report indicated there have been almost 200 high profile data breaches this year, resulting in the exposure of over 13 million records.  Among the information released was social security...

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Social Networks and Trade Secret Misappropriation: Can your company's...

Trade secrets are aspects of your company that, if discovered/used by a competitor, could significantly impact your bottom line or your ability to compete in the marketplace.  Recently, a federal court...

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Accountability without Authority: eDiscovery Sanctions for Conduct Outside...

Authority without accountability is dangerous. Accountability without authority is agonizing. Such agony is manifest in two ediscovery sanction awards making the rounds recently. Peerless has...

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When Do The Rules of Professional Conduct Apply to Social Media Postings?

In today’s connected society, it’s difficult to escape the necessity of joining the world of social media networking. For attorneys, social media may provide fast, easy, and economical means of...

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Users of LinkedIn: Check with your state bar…

LinkedIn has been recognized by numerous sources as a useful tool for marketing and networking within the legal community.  The social networking site has nevertheless recently raised the concerns of a...

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NLRB Strikes Down Disclaimer Language in Social Media Policy

An administrative law judge (“ALJ”) writing on behalf of the National Labor Relations Board (“NLRB”) reviewed the social media/on line communications policy of The Kroger Co. of Michigan, a retail...

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Machines vs. Lawyers: How Lawyers Could Lose Business to Technology

In his recent article in City-Journal, Northwestern University Law Professor John McGinnis hypothesizes that recent and impressive technological advances will have an increasingly disruptive impact on...

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Update: Can your Social Media (e.g., LinkedIn) Contacts be Your Employer’s...

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan,...

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Vermont Federal Court Orders Discovery of Plaintiff’s “Private” Facebook Pages

In the age of Facebook, more and more litigants will document their life online and through social media. This opens up a plaintiff’s social media accounts, like Facebook, for discovery, especially if...

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