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Spring 2014
Features
How Technology Broke PrivacyPrivacy may go down in history as one of the great casualties of our unceasing march into the future.
Does “I Accept” Really Mean “Abandon All Hope of Privacy, Ye Who Enter Here”?
Recently, courts have been allowing suits about online privacy to proceed to class certification. We present a fictional case that lays out arguments about the very real issues.
The Tricky Business of Call-Recording Litigation
Electronic communications don’t stop at the state line; clients can be ensnared by the privacy laws of other states.
FISA Authority and Blanket Surveillance A Gatekeeper Without Opposition
Electronic communications providers are facing increased legal process from the government—often in secret, with little case law to guide their response.
Is Confidentiality Really Forever: Even if the Client Dies or Ceases to Exist?
Questions about the expiration of privilege have important implications for attorneys.
The New Parole Ankle Bracelet: Your Smartphone
We have voluntarily surrendered the very privacy that we lament the government is “stealing”—simply by carrying a smartphone.
Sua Sponte: A Judge Comments
A judge urges us all to debate, discuss, and define privacy rights in the contemporary world.
Columns
OPENING STATEMENT: Fourteen Tips to Make You a Better Litigator
These practice tips will help you bring out your best in both motions and the court room.
FROM THE BENCH: A Reasonable Expectation of Privacy
When it comes to privacy, lay understanding, legal authority, and technological reality are often in tension--what does the Fourth Amendment mean today?
ON THE PAPERS: Controlling Crowded Sentences
Here are some methods to help readers correctly understand information-packed sentences.
ADVANCE SHEET: Is SportsCenter Killing the Law?
Like baseball, it requires context to understand what a ruling really means.
iWITNESS: Securing Your Data in a World of Remote Access
This overview of privacy and technology policies may help firms avoid malpractice charges.
GLOBAL LITIGATOR: Privacy Challenges in Obtaining Discovery from Europe
Litigators increasingly find themselves trapped between U.S. discovery requirements and European privacy laws.
SIDEBAR: Taking Risks
Trial practice involves constant analysis and risk.
SCRUPLES: Accessing an Adversary’s Emails
An examination of ethics rules around lreading an adversary's email.
