Privacy & Data Security

If you’ve read my prior articles for CEB, you may have recall my first post on reframing your relationship with your rules of professional conduct. I specifically discussed California Rules of Professional Conduct, rule 1.1, “Competence,” encouraging readers to pay close attention to the concept of “legal services.” Legal services incorporate everything that a lawyer utilizes to represent their clients and run a law firm. On March 22, the California Supreme Court adopted new language in comment 1 to include a lawyer’s duty to have competence in their use of technology. Comment 1 specifically states: “The duties set forth in…
One thing unchanged by the COVID-19 pandemic is California’s hesitancy to join the now nearly two-thirds of U.S. states authorizing some form of remote online notarization, or “RON,” whereby notaries and document-signers can communicate online using audiovisual technology rather than meet face-to-face. California’s latest attempt to authorize RON—the “California Notary Protection Act,” or AB 1093—is stuck in the Legislature, suggesting that for at least another year, California notaries must continue to perform their duties in signers’ physical presence. Socially Distant Notaries in 2020 As CEB reported last year, California lawmakers proposed, but never enacted, emergency COVID-19 notary legislation
A federal judge on Tuesday denied a group of internet service providers’ request for a preliminary injunction of California’s net neutrality law, clearing the way for the state to enforce the landmark legislation. California adopted SB 822 in 2018, requiring internet service providers (ISPs) to treat all web communications equally, prohibiting them from prioritizing or discriminating against traffic and from intentionally speeding up or slowing down certain websites. State Sen. Scott Wiener (D-San Francisco) introduced the legislation after the Federal Communications Commission repealed Obama-era net neutrality rules in 2017. The Trump administration, joined by a group of ISP trade associations,…
A gross oversimplification of the English common law system is that the law aims to punish evil and protect property. More often than not this gets shunted into the categories of criminal and civil law. In the age of monarchy and feudal obligations, the legal profession was relegated to an even smaller minority of literate people. Often times this minority was composed of clerics from which we get the word “clerk.1” The legal system was extremely formalized and even minor derivations from the prescribed form may result in a case being tossed out. The power of the law…
California, along with 45 other states, the District of Columbia, and Guam, filed a federal antitrust lawsuit against Facebook on Wednesday, claiming the social media giant maintains a monopoly in the U.S. by purchasing emerging competitors, which degrades the quality and variety of users’ social networking experiences and privacy options. The 48 attorneys general claim in the suit, filed in the U.S. District Court for the District of Columbia, that Facebook has held monopoly power in the U.S. social media market for more than a decade and illegally maintains that power “by deploying a buy-or-bury strategy that thwarts competition and…
Evan Walker, a Southern California personal injury attorney, is still paying the rent on his law office in La Jolla, but he hasn’t been there since the COVID-19 pandemic arrived in the United States. His wife is an infectious disease physician, and they have two young boys, so he isn’t taking any chances. Working from home was an adjustment at first, especially with young kids at home. But eight months into the pandemic, Walker, who’s a solo practitioner, thinks he might be getting a lot more done than when he was going into the office every day. “That’s one…
Examining the etymology of a word can reveal a lot about the relationships it has with other ideas. If you’re in a relationship, a significant milestone is meeting the parents of your romantic partner. As you get to know your partner’s parents you learn more about your partner. Likewise, a word is born from a specific cultural and historical context. How a word has been shaped and changed over time can also give clues about the values and ideas informing the context we currently inhabit. The word equity (n.), like most of our legal words, comes to us from Latin…
I. Introduction There is a crisis of attention according to Matthew Crawford. Today, it’s a well-worn cliche that we are in an age of ever-increasing distraction. Many, if not most of us start on tasks only to be interrupted by a series of distracting notifications or internal itches to look at social media or other digital enticements. Those of us in the legal profession have a special obligation to make sure we pay attention to what is relevant. The purpose of this blog is to understand this new digital beast we find ourselves on. Ultimately, the food of this…
Environmental Law is predicated on the assumption that the government can effectively motivate its citizens to perform or abstain from certain activities. The question is how incentives and punishments should be used to achieve and ensure the greatest effect. There is evidence to suggest that excessive reliance on the threat of punishment alone is not only insufficient but counterproductive. Furthermore, without having clear metrics, it is unreliable to use any mixture of deterrent or incentive. This is especially true for the transportation sector. The US EPA and other state and local regulatory agencies do not have sufficient resources to thoroughly…
This is a summary of the 5G conference that took place on February 28, 2020, at the USD school of law. What is 5G? 5G is the next generation of wireless communication technology systems or “ecosystem.” It promises three improvements: (1) Speed (2) Bandwidth (3) Latency. What is the difference between speed, bandwidth, and latency? If you imagine the internet as a series of interconnected highways you can think of the connections in terms of roads. The bandwidth or density is akin to the number of lanes. It is the measurement of how many cars can fit on the highway…