Recent Articles

Nine Must-Have iPad Apps for Lawyers (Plus One More)

February 02, 2012 14:59

After months of waffling, I finally purchased an iPad 2 last fall. I already had a laptop and an iPhone and feared that an iPad might be technology overkill but was hoping that the iPad would let me leave my laptop bag at home while on vacation. The iPad won't...After months of waffling, I finally...

Leveraging Private Enforcement to Improve Internet Privacy

September 28, 2011 14:00

Our article, entitled "Putting the Genie Back in the Bottle: Leveraging Private Enforcement to Improve Internet Privacy," leads off the most recent issue of the William Mitchell Law Review. In the article, we argue that Congress should enact an omnibus Internet privacy statute which balances the...

The Law of Blogging

August 16, 2011 20:07

At 10 a.m. on Saturday, I'll be appearing on Blueprint for Wealth on Federal News Radio (1500AM and 820AM in the D.C. Metro Area and streaming live at www.federalnewsradio.com) to discuss the law of blogging. If you get a chance to listen, make sure to leave a comment here letting...At 10 a.m. on...

5,000 BitTorrent Users May Not Proceed Anonymously Nor Quash Subpoenas Seeking Their Identities

June 16, 2011 21:26

Over 5,000 John Doe Defendants unsuccessfully sought to quash subpoenas issued to Internet Service Providers ("ISPs") by Plaintiff West Coast Productions to learn the identity of the Defendants known in the Complaint only by their internet protocol ("IP") addresses. West Coast Productions, Inc. v....

Game Over for Winklevosses in Facebook Case

June 08, 2011 16:36

The social networking saga appears to have finally come to an end in a decision by the United States Court of Appeals for the Ninth Circuit affirming the decision to enforce the Settlement Agreement between Facebook and the Winklevosses. The Facebook, Inc. v. Pacific Northwest Software, Inc.,...

Identity of Anonymous Wikipedia Editors Not Protected by First Amendment

May 27, 2011 17:00

In Faconnable USA Corporation v. John Does 1-10, 2011 WL 2015515 (D. Colo. May 24, 2011), the United States District Court for the District of Colorado rejected a ISP's motion to quash a subpoena issued to discover the identity of anonymous editors of Wikipedia. Plaintiff alleges that the anonymous...

Former ConnectU Partner Sues Over Facebook Settlement

May 27, 2011 13:36

Wayne Chang, a former partner in ConnectU, Facebook's social networking rival, brought suit against his former ConnectU partners (the "Winklevoss Defendants") and their attorneys over a settlement reached with Facebook in a separate litigation. Chang v. Winklevoss, No. 09-5397-BLS1, 2011 WL 1758963...

Identity of Anonymous Online Speakers Shielded by First Amendment

May 16, 2011 12:45

On May 9, 2011, the United States District for the District of Utah granted Defendants' Motion to Quash Subpoenas, Issue Protective Order, and Dismiss Complaint in a case that stemmed from Defendants' anonymous online speech. Koch Industries, Inc. v. Does, 2011 WL 1775765 (D.Utah). Koch Industries...

Federal Court Dismisses Facebook's Trademark Infringement Claims Against Teachbook

May 10, 2011 14:59

Teachbook, a social and professional networking Web site dedicated to teachers, successfully moved to dismiss Facebook's trademark infringement claims by arguing that it was not subject to personal jurisdiction in California. Facebook, Inc. v. Teachbook.com, LLC, No. CV 10-03654 RMW, 2011 WL...

Plaintiff Permitted to Serve Discovery on Google and Blogspot to Determine Identity of Anonymous Blogger

May 05, 2011 23:28

A plaintiff suing a John Doe defendant known only as "Tazmanian353" was granted leave to serve discovery on Google and Blogspot.com to determine, among other things, registration information, assignment, billing and payment information, source IP addresses and log files for the user known as...