Controlling E-Discovery Costs In Patent Cases

Electronic discovery can be time-consuming, burdensome and expensive. Indeed, at times, e-discovery can be the tail that wags the litigation dog.
As a consequence, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, on behalf of an E-Discovery Committee, recently introduced a Model Order for Patent E-Discovery.

The Committee’s discussion underpinning the Model Order notes that federal district courts have inherent power to control their dockets in the interests of time and economy. Accordingly, it is the Committee’s view that the Model Order may be a “helpful starting point for district courts to use in requiring the responsible, targeted use of e-discovery in patent cases.”

Continue reading “Controlling E-Discovery Costs In Patent Cases”

Sesame Street Website Hacked with Explicit Videos

Is nothing sacred? Apparently not, as CNN has reported that the YouTube channel for Sesame Street recently was hacked with pornographic content. Indeed, instead of showing material suitable for children, the channel briefly was reprogrammed with sexually explicit videos.

As a result of the porn hack, the Sesame Street channel went offline for a short time. Visitors were informed that there had been “repeated and severe violations of our community guidelines.”

Continue reading “Sesame Street Website Hacked with Explicit Videos”

Foreigners’ Email On Domestic Servers Protected, Ninth Circuit Rules

Foreigners can be protected by the Electronic Communications Privacy Act (ECPA). The parts of the ECPA that prevent ISP’s from revealing electronic communications apply to foreigners when their emails are stored on a domestic server, the Ninth Circuit has ruled.

In Suzlon Energy v. Microsoft, the plaintiff had directed a subpoena to Microsoft seeking the substance of emails between a citizen of India with respect to fraud litigation in Australia. Microsoft did not comply with the subpoena, taking the position that to do so would violate the ECPA. The federal trial court agreed and quashed the subpoena.

Continue reading “Foreigners’ Email On Domestic Servers Protected, Ninth Circuit Rules”

Ever Feel Like Unplugging From All This Technology

Information technology overload can be a very real thing. Don’t get me wrong – technology is fantastic. Instantaneously were are on top of fast-breaking news developments. And we are in immediate and constant contact with our “friends.”

But sometimes doesn’t it all seem a bit too much?

Do you ever just want to turn off, take a breath and simply observe the real world around you?

Continue reading “Ever Feel Like Unplugging From All This Technology”

Protecting Personal Information In Borders Bankruptcy Proceeding

Borders has long collected personal information from customers and promised that such information would not be disclosed without consent. In light of that and Borders’ current bankruptcy proceedings, the FTC has sent a letter to the consumer privacy ombudsman overseeing the Borders bankruptcy that seeks the protection of customer personal information.

The FTC’s letter appears prompted by its understanding that customer personal information held by Borders is scheduled to be auctioned and thereafter there will be a sale hearing.

Continue reading “Protecting Personal Information In Borders Bankruptcy Proceeding”