The Fly On the Wall Who Knew Too Much: The Internet Age And The “Hot News” Doctrine Converge

As originally published in Forbes (Feb. 21, 2011). Barclays Capital Inc. v. Theflyonthewall, Inc., a case expected to be decided in the coming weeks by the U.S. Court of Appeals for the Second Circuit, highlights the importance of defining a balance vis-à-vis the fundamental tension in the Internet Age between restricting free speech and preserving…

Surviving e-Discovery With the Department of Justice’s Antitrust Division

As originally published in Forbes (Feb. 14, 2011). The Department of Justice (“DOJ”) has aggressively requested the electronic production of corporate data over the past decade. The Antitrust Division is a perfect example, having experienced exponential growth in the amount of discovery and information that it receives in response to Second Requests. In turn, the…

Can The Government Seize Your Email Without A Warrant? You’ll Be Surprised.

As originally published in Forbes (Feb. 8, 2011). Is your email safe from a warrantless seizure thereof by the federal government? The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon…