Bow Tie Law

Is ONE Keyword Adequate for a Search?

Magistrate Judge Facciola’s Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009) dealt with a very brief issue: Was one keyword adequate for the search of electronically stored information?  Short answer: No In Asarco, the Plaintiff opposed a summary judgment motion and sought leave[…]

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Know Your Client’s ESI: You Really Don’t Want a Judge Saying, “This is Unacceptable”

This may surprise a few people: There is another magistrate judge besides Judge Waxse writing ESI opinions in Kansas.  Magistrate Judge Donald Bostwick issued an order granting in part and denying in part a motion to compel ESI in Patterson v. Goodyear Tire & Rubber Co., 2009 U.S. Dist. LEXIS[…]

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Status Messages and Client Confidences

Web 2.0 marketing is a highly effective way for lawyers to promote their services to prospective clients.  Web 2.0 marketing is leveraging collaborative programs hosted over the Internet, such as social networking sites or Wikis, to provide content highlighting an attorney’s services.  This form of marketing could also result in[…]

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When Contract Law Collides with Social Networking & Online Movie Rentals

Every now and then, there comes a case that gives me law school flashbacks.  Professor Rohwer, my old Contracts professor, this one’s for you.  Harris v. Blockbuster, 2009 U.S. Dist. LEXIS 31531 (N.D. Tex. Apr. 15, 2009) involves Blockbuster allegedly violating the Video Privacy Protection Act.  Blockbuster Online (an online[…]

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