Recent Posts

Lawyer Posted Drug Deal Video Online Thinking That It’d Exonerate His Client. It Didn’t.

Apr 14, 14 Lawyer Posted Drug Deal Video Online Thinking That It’d Exonerate His Client. It Didn’t.

Posted in Best Of The Rest, Litigation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) We don’t talk about attorney ethics very often on IT-Lex, but when we do, it’s worth it. Jesse Raymond Gilsdorf, a lawyer in Illinois, was recently suspended for an absentminded mistake. In a complaint filed back in 2012, one of Gilsdorf’s clients accused the lawyer of...

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The Fourth Amendment Prohibits Carte Blanche Review Of Email Accounts By The Government

Apr 14, 14 The Fourth Amendment Prohibits Carte Blanche Review Of Email Accounts By The Government

Posted in Fourth Amendment, Privacy

By Nicholas Kyriakopoulos (bio) Those office employees who have rolled the dice and sent emails clearly not suitable for work would be glad to know that their email accounts are protected from government intrusion by the Fourth Amendment.  United States v. Warshak, 631 F.3d 266, 282-88 (6th Cir. 2010).  The government must obtain a...

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Founder Of Music Locker Site Hit With $41 Million In Copyright Infringement Damages

Apr 11, 14 Founder Of Music Locker Site Hit With $41 Million In Copyright Infringement Damages

Posted in Intellectual Property, Litigation

MP3Tunes.com was a website that sold digital music files without any form of digital rights management (DRM) technology. Unlike the iTunes store and other retailers, a file purchased through MP3Tunes could freely be passed around. The site was created by Michael Robertson, who had previously also founded MP3.com, and like that...

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Employees With Authorized Access To Valuable Data Cannot Be Hackers Under The CFAA

Apr 11, 14 Employees With Authorized Access To Valuable Data Cannot Be Hackers Under The CFAA

Posted in Hacking, Labor & Employment, Litigation, Security

By IT-Lex Intern Amber Williams (LinkedIn) A recent decision from Pennsylvania calls into question the current statutory definition of hacking. The plaintiffs in this case are the former employers of the defendants.  The plaintiffs had a password-protected system and provided their employees with access to the files they required...

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Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Apr 10, 14 Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Posted in eDiscovery, Litigation

We know that before any potential evidence can be used in legal proceedings, it has to be authenticated, but as we’ve written about before, the rules for authenticating social media evidence are still being developed. With that in mind, we turn our attention to Commonwealth v. Banas, an appeals court decision from...

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Pulling The Trigger: 4 Tips On Big Data Preservation

Apr 10, 14 Pulling The Trigger: 4 Tips On Big Data Preservation

Posted in eDiscovery, Preservation

Big data preservation can be tough.  We earlier wrote about Pillay v. Millard Refrigerated Services, Inc., where automatic deletion of big data lead to sanctions.  The plaintiff, Pillay, alleged that Millard fired an employee named Ramirez because Millard believed Ramirez to be disabled, and then that Pillay was fired for...

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Another Tech Company Is The Victim Of A DDoS Attack

Apr 09, 14 Another Tech Company Is The Victim Of A DDoS Attack

Posted in Hacking, Security

We posted a few weeks ago about a coordinated distributed denial-of-service attack (DDoS) attack on the website MeetUp.com, which knocked the site offline for an entire weekend. Well, it would appear that, a couple of weeks later, the same folks were at it again, this time targeting the popular project management site Basecamp....

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Public Employee Was Disciplined For Operating Facebook News Page, Is Now Suing County

Apr 09, 14 Public Employee Was Disciplined For Operating Facebook News Page, Is Now Suing County

Posted in First Amendment, Litigation

The LegalTXTs blog reported last month about a recently-filed lawsuit that’s very relevant to our interests here at IT-Lex. The plaintiff is a “volunteer Liquor Commissioner”, and he also “works approximately ten to fifteen hours a week as an aide to a County Council Member”. Both these positions are...

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