Digital Commons Network^™

Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal

Richmond Journal of Law & Technology

Evolving technology has advanced communication throughout the business industry. Corporations use various communication methods to initiate conversation, propose business ventures, and relay correspondence from one place to another. Quite naturally, with the development of different means of communication, various innovations in the legal profession have materialized and gained popularity. One of these innovations is electronic discovery.

Corporate Privacy Trend: The “Value” Of Personally Identifiable Information (“Pii”) Equals The “Value” Of Financial Assets, John T. Soma, J. Zachary Courson, John Cadkin

Richmond Journal of Law & Technology

Corporate America’s increasing dependence on the electronic use of personally identifiable information (“PII”) necessitates a reexamination and expansion of the traditional conception of corporate assets. PII is now a commodity that companies trade and sell. As technological development increases, aspects of day-to-day business involving PII are performed electronically in a more cost effective and efficient manner. PII, which companies obtain at little cost, has quantifiable value that is rapidly reaching a level comparable to the value of traditional financial assets.

The Ethics Of E-Mail, Thomas E. Spahn

Richmond Journal of Law & Technology

In many ways, communicating by e-mail and other forms of electronic transmission reflects a fundamentally different way of human interaction. Historians eventually will put this in perspective, but one could easily conclude that e-mails are essentially a “third way” for people to communicate.

Legal, Factual And Other Internet Sites For Attorneys And Legal Professionals, Timothy L. Coggins

Richmond Journal of Law & Technology

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, law librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants and paralegals, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information about individuals.1

Students’ Free Speech Rights Shed At The Cyber Gate, Vivian Lei

Richmond Journal of Law & Technology

Education is one of the most important functions of the government. Because public schools are under the control of state and local authorities, the administrators and teachers of these schools are subject to requirements established in the United States Constitution. For example, for more than thirty years, the Supreme Court has supported the due process rights of students facing a deprivation of liberty and property interests in education.

“Medical” Monitoring For Non-Medical Harms: Evaluating The Reasonable Necessity Of Measures To Avoid Identity Fraud After A Data Breach, James Graves

Richmond Journal of Law & Technology

In July 2005, “reformed” hacker Albert Gonzalez noticed an insecure wireless network at a Marshalls department store in Miami. After exploiting the vulnerability, Gonzalez and his accomplices installed programs that captured credit card numbers. They stored the credit card numbers on servers in Latvia and Ukraine, created ATM cards using some of the numbers, and used those cards to withdraw hundreds of thousands of dollars in cash. Fifteen months later, Marshalls’ parent company, TJX, announced that forty-five million of its customers’ credit card numbers had been exposed to the thieves.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the first issue of the 2009–2010 academic year.

Using Keyword Search Terms In E-Discovery And How They Relate To Issues Of Responsiveness, Privilege, Evidence Standards, And Rube Goldberg, Gregory L. Fordham

Richmond Journal of Law & Technology

The emergence of digital evidence and the widespread implementation of e-discovery has brought both benefit and repercussion. In many respects, digital evidence has proven to be a better truth detector than its paper counterpart. At the same time, the volumes in which digital evidence exists make time-tested discovery techniques impractical. In fact, so significant are the technological differences between paper and digital evidence that even the handling procedures require considerable overhaul.

Databases, E-Discovery And Criminal Law, Ken Strutin

Richmond Journal of Law & Technology

The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Bridget Murray

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2008–2009 academic school year. Our authors analyze a variety of controversial legal topics that are at the forefront of debates regarding the intersection of technology and law.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the second issue of the 2009–2010 academic year.

Dissonant Paradigms And Unintended Consequences: Can (And Should) The Law Save Us From Technology?, Donald Labriola

Richmond Journal of Law & Technology

Technologies like digital audio, the Internet, and broadband communications spur economic growth and foster new patterns of commerce and social interaction. But they also spawn disruptive innovations that force established industries to forge novel responses or risk falling by the wayside. The horse-and-buggy industry, vaudeville, and video-rental stores are but a few examples of thriving markets that found themselves on the scrap heap of obsolescence because they failed to react quickly to the devastating effects of new technology.

How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor

Richmond Journal of Law & Technology

A sixty year-old man is delighted when his son shows him how to use Pandora—an interactive, hip Internet radio site that puts the listener in control. Having grown up a huge Louis Armstrong fan, the man quickly selects the jazz singer as one of his “stations.” When listening to this station, Pandora will only play songs by Armstrong and other similar artists for him. When he hears Armstrong’s classic, “What a Wonderful World,” the man immediately clicks the “Thumbs Up” icon, indicating his approval of Pandora’s recommendation. Pandora’s recommendations are drawn from its “Music Genome Project,” a database of song …

The Regulation Of Nanomedicine: Will The Existing Regulatory Scheme Of The Fda Suffice?, Shanna Harris

Richmond Journal of Law & Technology

Nanotechnology is the science and technology of manipulating molecules and atoms at the molecular level to create devices with new molecular properties, organizations and functions.1 Devices such as new computers that are billions of times more powerful than any currently available2 and boxes the size of sugar cubes that can hold the entire content of the Library of Congress are examples of the power of nanotechnology.

Will The Federal Circuit’S Eli Lilly V. Teva Decision Lead To Efforts To Abuse The Modification Provision Of The Hatch-Waxman Act?, Claire K. Comfort

Richmond Journal of Law & Technology

The Hatch-Waxman Act provides a mandatory thirty-month stay on the Food and Drug Administration’s (FDA) approval of an Abbreviated New Drug Application (ANDA) when a patent infringement suit is filed. The Act includes a provision for a district court to shorten or extend the Act’s thirty-month stay on FDA approval if “either party to the action failed to reasonably cooperate in expediting the action”

Dreadful Policing: Are The Semiconductor Industry Giants Content With Yesterday’S International Protection For Integrated Circuits?, Michael Fuerch

Richmond Journal of Law & Technology

Over the past twenty years, the semiconductor industry has grown rapidly. Technological advances have resulted in smaller, faster, and more cost-efficient semiconductor integrated circuits. Today, integrated circuits (“chips”) are found in the majority of electronic devices includes consumer electronics like computers, phones, televisions, and automobiles, and industrial electronics such as motor drives and programmable logic controllers.

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Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle

Richmond Journal of Law & Technology

The continuing expansion and virtually limitless array of technology and media available to store electronic information has had an immeasurable impact on the amount of information large organizations create and maintain. In many instances, this information continues to be available long after it has served the originator’s purposes. Yet, such information is not exempt from discovery in litigation, and attempting to identify, preserve, collect, review, and produce that information results in a significant burden on litigants, while the failure to do so can result in draconian sanctions or adverse publicity.

Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman

Richmond Journal of Law & Technology

This article evaluates the increased use of counsel sanctions in connection with discovery misconduct in the federal courts. Decisions such as Qualcomm Inc. v. Broadcom Corp. (Qualcomm) have drawn attention to the affirmative responsibilities of counsel for discovery and the ample authority available to sanction them under appropriate circumstances.