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Articles 1 - 30 of 400
Full-Text Articles in Law
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
Richmond Journal of Law & Technology
After over thirty data breaches spanning the third and fourth quarter of 2012, Forbes magazine labeled the summer of 2012 as “The Summer of the Data Breach.” Four years later, businesses across multiple industries have suffered brand-image damage and paid millions of dollars in remedial expenses; we are living in the era of the mega breach. In 2014, companies such as Target, Home Depot, JP Morgan Chase, Anthem, Sony, UPS, Jimmy John’s, Kmart, Neiman Marcus, Community Health Systems, and the White House suffered data breaches. The Home Depot breach alone resulted in the loss of “56 million credit card accounts,” …
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Richmond Journal of Law & Technology
This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.
Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup
Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup
Richmond Journal of Law & Technology
The explosion in consumer demand for wireless services that began in the 1990s caught policymakers off guard. Demand for wireless services has only accelerated, as new cellular wireless technologies-such as broadband Internet via 3G and 4G LTE-permit services such as web browsing, video streaming, the Internet of things, and gaming, necessitating a steady influx of spectrum as an input.
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings
Richmond Journal of Law & Technology
Some of the most dynamic areas of robotics research and development today are healthcare applications. Robot-assisted surgery, robotic nurses, in-home rehabilitation, and eldercare robots' are all demonstrating rapidly iterating innovation. Rising healthcare labor costs and an aging population will increase demand for these human surrogates and enhancements. However, like many emerging technologies, robots are difficult to place within existing regulatory frameworks. For example, the federal Food, Drug, and Cosmetic Act (FD&C Act) seeks to ensure that medical devices (few of which are consumer devices) are safe, the HIPAA Privacy and Security Rules apply to data collected by health care providers …
"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer
"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer
Richmond Journal of Law & Technology
More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.
A Litigator's Guide To The Internet Of Things, Antigone Peyton
A Litigator's Guide To The Internet Of Things, Antigone Peyton
Richmond Journal of Law & Technology
Maybe you've heard about the Internet of Things (loT). It's the network of physical objects (or "things") that connect to the Internet and each other and have the ability to collect and exchange data. It includes a variety of devices with sensors, vehicles, buildings, and other items that contain electronics, software, and sensors. Some loT objects have "embedded intelligence," which allows them to detect and react to changes in their physical state. Though there is no specific definition of loT, the concept focuses on how computers, sensors, and objects interact with each other and collect information relating to their surroundings.
Preservation: Competently Navigating Between All And Nothing, Lauren Wheeling Waller
Preservation: Competently Navigating Between All And Nothing, Lauren Wheeling Waller
Richmond Journal of Law & Technology
Merriam-Webster defines "competent" as "having requisite or adequate ability or qualities."' All professions require competence to be successful-from chefs, to tailors, to NFL quarterbacks. Without the adequate ability to poach an egg, alter suits, or read defenses, they lose patrons, customers, or-in the case of a quarterback-games and fans. Lawyers are no different. Without competence, they may not be successful. However, lawyers are different than the NFL quarterback in that they have an explicit duty of competence to their clients.
Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer
Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer
Richmond Journal of Law & Technology
Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.
A New Class Of Worker For The Sharing Economy, Megan Carboni
A New Class Of Worker For The Sharing Economy, Megan Carboni
Richmond Journal of Law & Technology
Jennifer Guidry begins her workday at four a.m. She begins by vacuuming her personal car, preparing it to "ferry around strangers" for Uber, Lyft, and Sidecar. Uber, Lyft, and Sidecar are "ride services that let people summon drivers on demand via [electronic] apps." Her phone pings just moments after four-thirty a.m.-an Uber customer requesting a ride to the airport. She accepts immediately, makes a round trip to the airport in just over an hour, and pockets twenty-eight dollars. This does not account for the cost of gas or wear and tear on her car.6 She performs the airport loop a …
Addressing Employee Use Of Personal Clouds, Philip Favro
Addressing Employee Use Of Personal Clouds, Philip Favro
Richmond Journal of Law & Technology
Cloud computing is one of the most useful innovations in the digital age. While much of the attention on recent advances has focused on smartphones, tablet computers, and wearable technology, the cloud is perhaps unrivaled in its utility for organizations. From simplified data storage to innovative software platforms, enterprise-grade cloud solutions provide cost-effective alternatives to acquiring expensive computer hardware and software. Enterprise clouds also offer a collaborative work environment for a mobile and widespread work force, enabling businesses to maximize worker productivity.
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Richmond Journal of Law & Technology
Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …
Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research, Jonathan S. Miller
Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research, Jonathan S. Miller
Richmond Journal of Law & Technology
"For the cure." This statement resonates throughout society and offers a simple reasoning for the conduct of biomedical research. It provides a strong impetus for advocates of biomedical research to pursue appropriations to support research hypotheses, advanced medical technologies, and targeted therapeutic strategies. Answering sophisticated medical questions, however, requires researchers and clinicians to have an adequate supply of materials necessary to facilitate their research endeavors. These materials-commonly referred to as biospecimens- may include frozen human embryos, tissue specimens, blood samples, buccal swabs, or exhaled breath condensate, all of which may be collected and stored in biobanks.
Cover Letter, Catherine Meade Gray
Cover Letter, Catherine Meade Gray
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its third issue of the Twenty-First Volume, our Annual Survey. This issue is published in conjunction with JOLT’s Symposium, “Who’s Looking At Your Mobile Device? Data Security, Personal Privacy, and Information Governance in the Wireless World.” As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the …
An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
Richmond Journal of Law & Technology
“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.
The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro
The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro
Richmond Journal of Law & Technology
The debate over the necessity, substance, and form of the proposed e-Discovery amendments to the Federal Rules of Civil Procedure (Rules) has been ongoing for over four years. Since the Duke Conference convened in May 2010, the Judicial Conference Advisory Committee on the Civil Rules (Committee) has been working to address many of the perceived shortcomings in the current Rules regime.
Cover Letter, Laura M. Bedson
Cover Letter, Laura M. Bedson
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the Twenty-First Volume. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the emerging legal landscape. Additionally, JOLT recognizes the practical benefit that many of its articles have on legal professionals and we publish articles with this goal in mind. The following articles …
Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey
Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey
Richmond Journal of Law & Technology
Lawyers and technology have an uneasy relationship. Although some lawyers are early adapters, others take pride in ignoring technology because they believe it is alien to the practice of law. As Jody R. Westby observed, lawyers confronted with technology and security issues tend to have their “eyes glaze over” and “want to call in their ‘IT guy’ and go back to work.” But this technophobic attitude may no longer just be harmless conservatism. In the world of growing security risks, ignorance of technology may lead to violations of lawyers’ fundamental ethical duties of competence and confidentiality.
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Richmond Journal of Law & Technology
The next great wave of Internet-enabled innovation has arrived, and it is poised to revolutionize the way humans interact with the world around them. This paper highlights some of the opportunities presented by the rise of the so-called Internet of Things (IoT) in general and wearable technology in particular and encourages policymakers to allow these technologies to develop in a relatively unabated fashion.
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Richmond Journal of Law & Technology
It is a challenge to practice law in the digital age. This is particularly true when a practice involves significant e-Discovery, Intellectual Property, and technology law—areas in which technical issues merge with legal ones. One of the major challenges of bringing a law practice up to twenty-first-century standards relates to dinosaur thoughts, a.k.a. an “old ways are best” mentality.
Cover Letter, Laura M. Bedson
Cover Letter, Laura M. Bedson
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-First Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in the legal scholarship world. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. The articles in this fourth issue are no exception. Each of the following articles present exciting discussions on cutting-edge areas of …
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Richmond Journal of Law & Technology
Privacy is not simply an absence of information about us in the minds of others; rather it is the control we have over information about ourselves. The volume of information that people create themselves—the full range of communications from voice calls, e-mails and texts to uploaded pictures, video, and music—pales in comparison to the amount of digital information created about them each day.
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Richmond Journal of Law & Technology
Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”
Ending Drunk Driving With A Flash Of Light, Andrew Sullivan
Ending Drunk Driving With A Flash Of Light, Andrew Sullivan
Richmond Journal of Law & Technology
Drunk driving exacts an enormous toll on our society. Every year, alcohol-driven crashes kill over ten thousand people, injure hundreds of thousands more, and cost the national economy tens of billions of dollars. States largely have been left to combat this problem through their own criminal regimes. Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated3 install an ignition interlock device (“IID”) in her vehicle as a condition of restoring her driving privileges.
Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes
Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes
Richmond Journal of Law & Technology
A corrupt Australian Law Enforcement Agency (LEA) wishes to track the communications of a journalist who has published leaked whistleblowing documents from a confidential source, revealing the Australian LEA's complicity in illegal narcotics activity. The target journalist lives in New York and is a U.S. citizen. She opens her laptop, goes online and fires up Tor Browser. She is communicating with her whistleblowing source in Australia, who faces death if his identity is uncovered. Her communication and network traffic passes through Tor relays in Canada, Finland, and Malaysia before arriving at her source in Australia.
The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker
The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker
Richmond Journal of Law & Technology
There should be little question that mobile device-based data are discoverable if relevant. However, as was the case with ordinary computer-based data a decade or more ago, there is a tendency to believe that there is only one way to collect such data—“forensically.”
Conducting U.S. Discovery In Asia: An Overview Of E-Discovery And Asian Privacy Laws, Lynn M. Marvin, Yohance Bowden
Conducting U.S. Discovery In Asia: An Overview Of E-Discovery And Asian Privacy Laws, Lynn M. Marvin, Yohance Bowden
Richmond Journal of Law & Technology
The rapid expansion over the last decade of Asian corporations doing business in the United States and U.S. corporations doing business in Asia, has led to a marked increase in U.S. litigation involving Asian corporations as parties, requiring discovery of information located in Asia. According to the Office of the United States Trade Representative, U.S. trade of goods and services with countries in the Asia-Pacific Economic Cooperation (“APEC”) totaled $2.9 trillion in 2013: exports totaled $1.2 trillion and imports totaled $1.6 trillion. It naturally follows that Asian corporations doing business in the United States are utilizing the American court system …
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Richmond Journal of Law & Technology
The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.
Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz
Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz
Richmond Journal of Law & Technology
Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case.
Cover Letter, Allison F. Rienecker
Cover Letter, Allison F. Rienecker
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2013-2014 academic year. This issue is published in conjunction with JOLT’s Symposium entitled “Information Governance: A Comprehensive Approach to e-Discovery.” Since its founding in 1995, JOLT has strived to publish relevant legal articles at the forefront of the technological field. With this goal in mind, we are excited to expand JOLT’s respected discussion of e-Discovery to the emerging field of Information Governance.
The Compliance Case For Information Governance, Peter Sloan
The Compliance Case For Information Governance, Peter Sloan
Richmond Journal of Law & Technology
In an increasingly convoluted information environment, organizations strive to manage information-related risks and exposures, minimize information-related costs, and maximize information value. The inadequacy of traditional strategies for addressing information compliance, risk, and value is becoming clear, and so too is the need for a better, more holistic approach to governing the organization’s information.