Legal Ethics

Total news: 10
Last news: July 9, 2007 16:59:48

Neither this nor any other circuit has spoken to the constitutionality of computer surveillance techniques that reveal the to/from addresses of e-mail messages, the IP addresses of websites visited and the total amount of data transmitted to or from an account.  U.S. v. Forrester, __ F.3d __ (9th Cir. July 6, 2007).  The court held [...] -�[Read�more]

The Sixth Circuit, in a panel decision with three separate opinions, on July 6, 2007 held that plaintiff attorneys who feared that their e-mail and telephone conversations were being intercepted pursuant to the infamous Terrorist Surveillance Program lacked standing to challenge the constitutionality of this program.  ACLU v. Natl Sec. Agency, __ F.3d __ (6th [...] -�[Read�more]

Theres an interesting piece here discussing the blogs of secretaries, paralegals, and other law firm employees. This is an interesting issue and one that may be flying below many firms radars. -�[Read�more]

In the absence of an effective disclaimer, a lawyer who receives unsolicited information from a prospective client through an e-mail link on a law firm website must hold the information in confidence, even if the lawyer declines the representation.  Massachusetts Bar Opinion 2007-01.The opinion also addresses whether the lawyers firm can represent a party adverse [...] -�[Read�more]

This ABA CPR Metadata Powerpoint is a product of Michael Downey, Karen Phillips, and David Hricik. -�[Read�more]

With any luck there will be a link to Professor Hriciks latest article on metadata, just published by the North Carolina Journal of Law & Technology. The version posted here is not exactly the final version, so please quote from it, not this one. -�[Read�more]

This article reports that Vista apparently creates its own metadata. -�[Read�more]

In Capital City Church of Christ v. Novak, 2007Wl 1501095 (Tex. App.  Austin May 23, 2007, no pet. h.), the court joined other courts in recognizing that the presumptions that can be used to disqualify a lawyer  e.g., that if there is a substantial relationship between two matters, it is presumed that the [...] -�[Read�more]

In Lucent Tech. Inc v. Gateway, Inc., 2007 U.S. Dist. Lexis 35502 (S.D. Cal May 15, 2007), the Southern District of California, in issuing an otherwise bland disqualification opinion involving a migrating lawyer, commented on two things of interest. The first was whether California law, or the Model Rules controlled.  This is an issue thats been [...] -�[Read�more]

With the new amendments to the Federal Rules of Civil Procedure concerning discovery of e-data come the first crop of cases, which are nicely summarizes in this article by Ronni Abramson from the Fulton County Daily Report. -�[Read�more]