Industry News

The performance right, protected by the Copyright Act, has been fertile ground for disputes. If a trend is emerging in recent decisions, it's that courts won't charge twice for what appear to be the same bundles of rights: Either it's a digital download or a performance, but not both.

Was the negative verdict in a sexual harassment suit the result of some of the more controversial evidence -- a cache of sexually explicit, humorous e-mails found on the plaintiff's workplace computer? Or was the jury unimpressed with the evidence offered to support the harassment claims?

When federal authorities got a warrant to install a GPS device to track a drug suspect, agents acted with an "abundance of caution," a federal prosecutor said in the D.C. Circuit, where the government is defending its ability to secretly follow suspects without judicial supervision.

Imagine gaining access to a teenager's diary. These days, those personal thoughts are more likely to be documented electronically on social networking sites rather than on paper -- and those supposedly private communications can become public. Consider the case of Tatum Bass.

With plaintiffs' firms testing the jurisdictional bounds of U.S. courts and opening offices overseas, risks of disclosure are amplified for communications assumed to be protected. Counsel should safeguard communications for clients with footprints in more than one foreign jurisdiction.

The costs of electronic discovery appear to be prompting divergent responses by the federal and New York state courts. Litigants with a choice of forum, says attorney Robert W. Trenchard, should consider these differences in selecting which court best suits their objectives.

Microsoft Outlook isn't perfect, but there is more to its e-mail and calendar functions than meets the eye. By combining some of Outlook's best undiscovered features with a little ingenuity, lawyers can reduce their stress levels and perhaps add a bit of leisure time to their schedules.

Social media is dramatically changing the way we communicate inside and outside the workplace, while blurring the distinctions between work, home and play. Employers need to take advantage of the opportunities that the new media offers, while avoiding the liabilities it creates.

Imagine preparing for an appeal of a $290 million judgment in a patent infringement case requiring an understanding of high-tech. Now imagine getting the case ready in about a month's time. That's the challenge facing attorneys in i4i Limited Partnership v. Microsoft Corp.

Justice William W. Bedsworth thinks he's found his calling. Lord knows, he's looked everywhere. Last week when his wife handed him a copy of Time magazine, there it was, smiling up at him from page 43. Something he could handle: Fantasy Sports Judge. And that's a real job.

Lawyers handle a lot of technical tasks that beg for automation, e.g., calculating dates for court appearances and filing deadlines. Law.com technology editor Sean Doherty reviews Compulaw's Deadlines On Demand and finds it an easy and cost-effective way to manage a calendar.

What do elevators, airports and Starbucks have in common? They are places where lawyers can inadvertently betray client confidences. Technology makes it possible to do business anywhere, says attorney Anthony G. Lowenberg, and new attorneys need to know how to avoid getting tripped up.

Sheppard Mullin attorneys Daniel L. Brown and Aimee R. Kahn say that understanding the potential uses of social networking sites should be considered in litigation. Cases demonstrate that Facebook and MySpace can contain smoking guns and that they can be targets to serve legal process.

Capping weeks of charges of plagiarism, Connecticut's largest newspaper reportedly disciplined six employees and issued an apology for using stories -- online and in print -- from smaller dailies. In this digital world, the process known as "aggregation" may exceed "fair use" boundaries.

Technology is changing the way people are defended and judged, says attorney Ken Strutin. Smart communication tools are flooding the lives of clients, witnesses, jurors and criminal justice professionals to usher in a new context for case preparation and litigation strategies.

Web sites, social networks and other interactive service providers can leave site owners facing liability charges. Attorneys Richard Raysman and Peter Brown write that there are three elements a party must establish to claim immunity under section 230 of the Communications Decency Act.

A new rule proposed by San Francisco Superior Court would remind potential jurors not to blog, Tweet or conduct Internet research about cases. The need for the rule became clear to the court during a jury selection in a criminal trial, when an entire panel of 600 jurors had to be excused.

After 23 years in a midsize firm, Steven A. Reisler decided to go solo and run his practice with free and open source software. For a penguin-sized law firm, hanging out a shingle with Linux proved to be a smart, relatively painless, efficient and cost-effective way to practice law.

For attorney Sean O'Keefe, whatever technological tool will help him get through the e-discovery process, quickly and efficiently, is at the top of his list. Redact-It fit the bill in the redaction arena, giving him a competitive advantage and huge benefits for his initial investment.

If your outlook on everyday business communications is heavily influenced by, well, Microsoft Outlook, then there's a good chance that you've wished you could tweak the software to make it better serve your needs. The good news is a handful of companies have tools to do just that.