Credit Card Transactions — How Safe Is Your Personal Information?

As originally published in Forbes (Mar. 30, 2011). A recent decision by the California Supreme Court in Pineda v. Williams-Sonoma (Feb. 10, 2011) prohibits businesses from requesting that credit card holders provide “personal identification information” during credit card transactions and then recording that information. Unfortunately, the Court’s opinion may leave unanswered as many questions as…

Protecting Your Corporation Against FCPA Liability in Mergers & Acquisitions

As originally published in Forbes (Mar. 28, 2011). The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the United States, from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official…

E-Discovery And The Rise of Predictive Coding

As originally published in Forbes (Mar. 23, 2011). Predictive coding is the electronic coding, organization, and prioritization of entire sets of electronically stored information (“ESI”) according to their relation to discovery responsiveness, privilege, and designated issues before and during the legal discovery process. Lawyers control this process by specifying relevant criteria. Computers then expedite discovery,…

Why The Wikileaks Twitter Case Was Correctly Decided. And Why It Shouldn’t Be.

In an important opinion issued Friday, the U.S. District Court for the Eastern District of Virginia in United States v. Appelbaum upheld a previous order instructing Twitter to turn over to the U.S. government Twitter records—not the content of tweets (that in this case were already publicly available)—related to the government’s ongoing Wikileaks investigations. The…