Laws around the world allow governments free access to data on the Cloud which may come as a surprise to many, but Mutual Legal Assistance Treaties (MLATs) facilitate cooperation across international boundaries. On May 23, 2012 Hogan Lovells published a White Paper entitled “A Global Reality: Government Access to…
Continue Reading Reality Check – Governments Have Easy Access to Data on the Cloud
Few General Counsel and attorneys understand the important contracts terms to negotiate in order to avoid disasters when developing new software systems or implementing ERP systems. On July 18, 2012 from 12:30-1:30pm CDT my friend John DeGroote (Former Executive Vice President and Chief Legal Officer at BearingPoint, Inc.) and I…
The cloud is hot, and headline news around the world! The legal risks for businesses can be substantial and impact all cloud customers. To learn more, please watch my recent video interview entitled “Cloud Computing: New Buzzword, Longstanding Concerns.” The interview by Financial Management Network (& parent SmartPros…
Needless to say that lawyers rely on Social Media to investigate potential or sitting jurors, but a new ethics opinion warns against direct communications. The New York City Bar Association issued Formal Opinion 2012-2 entitled “Jury Research and Social Media” which posed the following question:
What ethical restrictions, if…
Continue Reading Legal Ethics – Jury Research is Okay, But Watch Out!
When employees use their personal cell, tablet, laptop, or PC it’s not so simple to determine who owns the content of their email and intellectual property. Notwithstanding the 2010 US Supreme Court 9-0 ruling (in the City of Ontario v Quon) that an employee who uses a company issued…
Continue Reading BYOD (Bring Your Own Device) – Who Owns the eMail? Intellectual Property?
The NY Times reported that Spokeo was “compiling and selling people’s personal information for use by potential employers in screening job applicants.” For the first time ever, the Federal Trade Commission (FTC) charged and assessed a fine for use of personal Internet data in violation of the Fair Credit Reporting…
Continue Reading Spokeo Fined $800,000 for Violation of FTC Privacy Laws
After losing a $13.78 jury verdict in April, 2012 the defendants persuaded the judge that the plaintiffs failed to prove that the defendants actually posted the anonymous libel. The plaintiffs, Mark and Rhonda Lesher, did get IP (Internet Protocol) addresses for the anonymous posters, but failed to convince District Judge…
Continue Reading Cybersmear $13.78 million Verdict Thrown Out
Please join me at 1pm CDT on June 14, 2012 for my online speech entitled “Privacy – Social Media, Internet & BYOD” which is FREE (including ethics credit!), all you have to do is register at Virtual LEGALTECH (please use "Privacy614" as your code when you register). Here’s the description…
For 1 week ending June 8th Facebook is asking its users to vote on a new proposed privacy policy which is the second time Facebook has asked users to vote. Just like April 2009 vote, Facebook stated that if 30% of users vote for the new privacy policy then…
After more than two months of trial, last December a Dallas, Texas jury convicted a group of defendants of a massive cybercrime conspiracy to defraud telecommunications companies, and related charges. The Dallas Morning News reported that in May 2012 that US District Judge Sidney Fitzwater sentenced:
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Continue Reading Judge Sends Cybercriminals to Jail and Orders $39.1 Million in Restitution
