Facebook Must Produce — Not Merely “Provide Access” — to Electronically Stored Information (ESI) in Native Formats

As originally published in Forbes (May 2, 2011). United States Magistrate Judge Howard Lloyd of the Northern District of California compelled Facebook to produce electronically storedinformation (“ESI”), not merely “provide access” thereto on a commercial website that allowed it to restrict class action plaintiffs from reviewing those materials properly. The court’s order granting the plaintiff’s…

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…

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…