The gusts of hurricane Irene were still blowing outside as the winds of “force majeure” gathered force in the minds of lawyers around the country.
The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information.
New York attorneys may use an online data storage system to store and back up client confidential information, provided that they take reasonable care to ensure that the confidentiality of the information is maintained in a manner consistent with an attorney's obligations under New York Rule of Professional Conduct 1.6, the New York State Bar Association Committee on Professional Ethics opined.
An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled.
A mandatory arbitration provision in a contract with a nonbusiness party for Internet access is an unenforceable contract of adhesion, a district court ruled.
A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled.
An Assistant United States Attorney who communicated with his private attorney via his government-provided e-mail address did not thereby waive his attorney-client privilege in the contents of the e-mail messages sent to his attorney, a district court ruled.