e-Lessons Learned

In 2006, Numerex, a satellite communications company, began attempts to acquire Orbit One, which was owned by David Rosen, Scott Rosenzweig and Gary Naden. These negotiations resulted in an asset purchase agreement signed in July 2007, under whose terms Rosen, Rosenzweig, and Naden would continue on with Numerex, with Rosen becoming president of the new division. Around the same time Naden’s former company, Axxon initiated suit against Orbit One and Orbit’s attorneys ordered a litigation hold to ensure preservation of information relating to that controversy. Continue reading »

We are pleased to announce that “A Primer on Cybercrimes In The United States and Efforts to Combat Cybercriminals – 50 State and Federal Cyber Law and Proposed Legislation Survey,” authored by Fernando Pinguelo and Bradford Muller and published by the Virginia Journal of Law and Technology (University of Virginia School of Law, Spring 2011) is now available.

Join us on June 8, 2011 as we present our comprehensive article at the Cybersecurity Law and Policy: Changing Paradigms and New Challenges conference sponsored by the Cybersecurity Law Project, Seton Hall University School of Law, Newark, New Jersey. Attendance to the conference is free (and CLE credits are available), but you must register here.

The conference will feature seven break-out sessions and a keynote presentation by Melissa Hathaway, Senior Advisor of Project Minerva at the Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard University, and former Acting Senior Director for Cyberspace at the National Security Council for both Presidents George W. Bush and Barack Obama.

Panelists include:

Ø Renato Opice Blum is the Chief Executive Officer of Opice Blum Advogados Associados in São Paulo, Brazil

Ø Howard W. Cox is the Assistant Deputy Chief of the Computer Crime and Intellectual Property Section of the Criminal Division of the U.S. Department of Justice

Ø Abel Ebeid, Chief Information and Technology Officer for the State of New Jersey

Ø Sean Kanuck, National Intelligence Officer for Cyber Issues for the National Intelligence Council within the Office of the Director of National Intelligence

Ø Gerard McAleer, Associate Director of the New Jersey Office of Homeland Security and Preparedness

Ø John Molinelli, Bergen County Prosecutor, Hackensack, New Jersey

Ø Fernando M. Pinguelo, Partner, Norris McLaughlin & Marcus and co-Chair of Response to Electronic Discovery & Information group

Ø Bradford Muller, Associate, Norris, McLaughlin & Marcus and member of the Internet Law group

In 2002, bank employee Jacob Ahroner was not happy with his employer, Israel Discount Bank of New York. Consequently, in July 2003, he brought suit, alleging hostile work environment and discrimination based on race, age, and national origin.

In November 2002, seven months prior to filing the action, however, Ahroner’s attorney wrote to the Bank. The letter informed the Bank that it was “placed on notice that [it] must undertake all efforts to preserve from spoliation all documents and other records relating to our client’s employment, as well as any unlawful conduct of [the Bank] or its employees. As you may be aware, spoliation gives rise to an inference and instruction that the missing documents would have proved the charging party’s case.” The Bank replied that it was aware of its obligations. Continue reading »

“STOP PUTTING WORDS IN MY MOUTH” is something you might expect to be screamed during a typical fight on the Jersey Shore. However, if you are not careful complying with electronic discovery requests – you’re going to have a “Situation” in the form of a big fat SANCTION that leaves you saying, “but that’s not what my emails said.”

What can no longer be seen, found, or read can’t hurt you – right? WRONG. Failing to preserve documents can easily come back to bite you in the ass. Be careful with the documents you have, but don’t be quick to cast aside those you claim are missing or destroyed. Continue reading »