Category: Technology Developments and Issues

Second Circuit Vacates Defendant’s Conviction Due to Government’s Failure to Authenticate Social Media Evidence 0

Second Circuit Vacates Defendant’s Conviction Due to Government’s Failure to Authenticate Social Media Evidence

The Second Circuit Court of Appeals has reversed a conviction for unlawful transfer of a false identification document (a forged birth certificate) because the district court abused its discretion and committed error in admitting a Russian social media page — akin to Facebook — that the government failed to authenticate as required by Federal Rule of Evidence 901.

Gibbons Directors to Speak at Upcoming ‘Cybersecurity in Securities Markets’ Bloomberg BNA Webinar – May 14 0

Gibbons Directors to Speak at Upcoming ‘Cybersecurity in Securities Markets’ Bloomberg BNA Webinar – May 14

On May 14, from 1:00 – 2:30 pm, Gibbons Directors John R. Hewitt, Mark S. Sidoti, and Kevin G. Walsh, along with Timothy P. Ryan of Kroll Advisory Solutions Cyber Investigations, will speak at Bloomberg BNA’s webinar – “Cybersecurity in Securities Markets.” This program will provide an in-depth understanding of cybersecurity requirements on a state and federal level. The webinar will follow closely the content of the new Bloomberg BNA Securities Practice Series Portfolio, Cybersecurity in the Federal Securities Markets, written by John R. Hewitt that is now available at the Bloomberg BNA Bookstore at http://www.bna.com/cybersecurity-federal-securities-p17179889693/.

In Today’s World, Companies Face Large Exposure from a Wide Variety of Possible Data Breaches 0

In Today’s World, Companies Face Large Exposure from a Wide Variety of Possible Data Breaches

As the world becomes more interconnected, data breaches and cyber-attacks are increasingly becoming an unfortunate reality for many organizations. The stakes are high: a data security breach can disrupt a company’s operations, damage the business’s reputation, cause its stock price to fall, lead to the loss of business, and attract government investigations, agency action, and class action lawsuits. Complicating matters is the fact that a patchwork of state and federal laws can apply to the same data security breach incident.

Mark S. Sidoti Featured in The Metropolitan Corporate Counsel 0

Mark S. Sidoti Featured in The Metropolitan Corporate Counsel

Are you concerned about understanding the latest E-Discovery trends, rules, and regulations? If so, you are not alone! Trying to stay ahead of the E-Discovery curve can be difficult. In a recent article, published by The Metropolitan Corporate Counsel, entitled Staying Ahead of the E-Discovery Learning Curve, Mark S. Sidoti, Chair of the Gibbons E-Discovery Task Force, discusses why companies should be focused on electronic discovery and information management, including the latest evolutions in the area, like technology-assisted review of data.

An International Standard for E-Discovery? 0

An International Standard for E-Discovery?

The International Organization for Standardization (“ISO”) is forming a new e-discovery committee tasked with the development of standards for e-discovery processes and procedures. The international standard “would provide guidance on measures, spanning from initial creation of [electronically stored information] through its final disposition which an organization can undertake to mitigate risk and expense should electronic discovery become an issue” according to a draft committee charter.

Changing the “Games”:  The First Social Media Olympics 0

Changing the “Games”: The First Social Media Olympics

As followers of this blog know, we often bring you updates regarding the ever-changing world of social media, in particular, how it affects attorney ethics or judicial proceedings, or how it is used by financial services industry participants. Here, as the closing ceremonies for this year’s London Olympics have recently ended, we pause to reflect how the popularity of social media has “changed the game,” resulting in the world’s first “Social Media Olympics.”

ESI Guidelines for  the Bankruptcy Case: The ABA’s Electronic Discovery in Bankruptcy Working Group Issues Interim Report 0

ESI Guidelines for the Bankruptcy Case: The ABA’s Electronic Discovery in Bankruptcy Working Group Issues Interim Report

Although the Federal Rules of Civil Procedure were updated in 2006 specifically to deal with electronically stored information (“ESI”), Bankruptcy Courts and Bankruptcy practitioners have had little bankruptcy-specific guidelines for managing ESI and electronic discovery issues. As a result, the ABA commissioned the Electronic Discovery (ESI) in Bankruptcy Working Group “to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve [ESI] in bankruptcy cases.” On March 15, 2012, the Working Group published their interim report on ESI in bankruptcy cases in an effort to invite and stimulate comments from a wider audience regarding how ESI issues should be handled in (i) large Chapter 11 cases; (ii) middle market and smaller Chapter 11 cases; and (iii) Chapter 7 and Chapter 13 cases.

Pinterest: Potential IP Pitfalls for New Social Networking Trend 0

Pinterest: Potential IP Pitfalls for New Social Networking Trend

Pinterest, a play on words of “pin” and “interest,” is a virtual, online “pin board,” where user’s can organize and share things they find on the web. While Pinterest is attracting a loyal community of social media users, the site is also the source of some concern for those same users and owners of intellectual property. The stated Mission of Pinterest is “to connect everyone in the world through the ‘things’ they find interesting . . . a favorite book, toy, or recipe [which] can reveal a common link between two people.

SOPA and PIPA Have Been Shelved 0

SOPA and PIPA Have Been Shelved

On Wednesday, January 18, 2012, thousands of internet companies including Google and Wikipedia protested against the Stop Online Piracy Act (SOPA) proposed by the House and its counterpart in the Senate, the Protect IP Act (PIPA). For example, Wikipedia blacked out its website while Google collected over 7 million signatures for its anti SOPA and PIPA petition. Since the high profile protests, key House and Senate supporters have withdrawn their support, questioning the viability of both bills.

Current Cybersecurity Issues and Laws Effecting Private Sector Industries Discussed at the Fifth Annual Gibbons E-Discovery Conference 0

Current Cybersecurity Issues and Laws Effecting Private Sector Industries Discussed at the Fifth Annual Gibbons E-Discovery Conference

On the heels of National Cybersecurity Awareness Month in October, the second panel discussion at the Fifth Annual Gibbons E-Discovery Conference dealt with pressing issues involving cybersecurity and their effect on private industries. Moderated by Gibbons Director and senior E-Discovery Task Force member Jeffrey L. Nagel, Esq., the panel opened with a presentation by Erez Lieberman, Esq., Deputy Chief of the Economic Crimes Unit and Chief of the Computer Hacking and Intellectual Property Section, Office of the United States Attorney, District of New Jersey. Mr. Lieberman discussed several cases of high profile cybersecurity breaches in recent years and the government’s role in those cases. Mr. Lieberman identified the various types of cybercrimes affecting businesses and provided the audience with a unique understanding of the interaction and coordination between his office, the Secret Service, the Federal Bureau of Investigations, and private companies. Mr. Lieberman also addressed the effect of data breaches on the public sector and the impact of public perception on the business.