Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the level of protections necessary while using technology to converse about a legal representation. According to the ABA, a lawyer … Continue Reading

The Growing Importance of Data Analytics for Corporate Legal Departments

This month, the Coalition of Technology Resources for Lawyers (“CTRL”) released the results of its survey regarding the use of analytics by corporate legal departments. Data analytics is the use of specialized data systems or software that uncovers patterns in data that can aid in a company’s decision-making and reduce costs. According to the survey, … Continue Reading

War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the victims. In refusing this Internet domain seizure, the D.C. Circuit expressed concern about a “doomsday scenario” that … Continue Reading

Right to Veto Clause Prevents Partnership’s Virtual Reality Lawsuit

A judge in the Northern District Court of California ruled that a virtual reality firm’s “right to veto” provision in its partnership agreement prevented the company from bringing suit against Oculus VR, LLC (“Oculus”), a company that created a popular line of 3-D virtual reality headsets. Total Recall Technologies (“TRT”), a general partnership also in … Continue Reading

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of individuals’ facial features for use in “tagging” friends in digital photographs. In rejecting Facebook’s attempt to dismiss the suit, the court … Continue Reading

Friend Request Denied: Judge Asks Attorneys to Refrain from Social Media Searches of Jurors

In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the conclusion of the trial. The case at issue is Oracle America, Inc. v. Google, Inc., a long-standing copyright infringement suit … Continue Reading
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