Is It Fair to Claim That The Current US Supreme Court Is Pro-Business?

The New York Times this past Sunday had an article detailing how many times the Roberts court ruled in favor of business interests (61%).  Debra Weiss of the ABA Journal writes about the article and some other findings noting that the Roberts court ruled in favor of the same side supported by the U.S. Chamber of […]

New Privacy Report From Federal Trade Commission (FTC)

The FTC released its 122 page Privacy Report today.  This Report has been anticipated for some time. The FTC Chairman, Jon Leibowitz, summed up the purpose behind the FTC’s involvment in data privacy and security with release of the Report stating: Technological and business ingenuity have spawned a whole new online culture and vocabulary – email, IMs, apps […]

Social Media Attorney – A New Niche To Address A Growing Concern For Business

I have written several posts on risk management and litigation arising out of social networking or media websites such as Facebook, Twitter and LinkedIn. Dan Schwartz’s Employment Law Blog includes coverage of a variety of concerns with use of social media and the need for internal policies and procedures.  While Dan’s blog covers employment law and this blog covers business litigation, social media ends […]

Constructive Trusts In Connecticut For Fraud and Unjust Enrichment

In business litigation in Connecticut, attorneys many times seek to impose a constructive trust over assets or income connected to wrong doing, breach of fiduciary duty, or fraud by business partners or agents.  In a decision to be officially released on November 23, 2010, the Appellate Court upheld a trial court’s  imposition of a constructive trust over […]

Carders, Full Wallets and Identity Theft In Connecticut

I recently attended the Connecticut Privacy Forum.  One of the presentations was by Kim Peretti who is Director of Forensic Services at Pricewaterhouse and a former federal prosecutor that chased down identity thieves globally. (read an interview with Kim here about the infamous TJX case).   I learned quite a bit of information about trafficking in personal identifying information also known as PII.  […]

Lawyers Going Fishing on Facebook – – Is It Ethcial?

Lawyers are all over Facebook and LinkedIn.  What are they doing?  If they are not marketing or social networking, they are fishing or "mining" for information about individuals and businesses.  They are looking for this information to help with lawsuits.  The business and employment trends involving social media are growing and as a result we will continue to see a […]

Disturbing Rise in Internet Harassment and Cyber Bullying Part Of Growing Trend

The tragic suicide of Rutgers University student, Tyler Clementi, shows the potential devastating impacts arising from misuse of the Internet and social media sites such as YouTube, Facebook, and Twitter.  This incident also serves as a reminder of the rapid sea change that technology brings and how our laws struggle to keep pace especially when it comes to new […]

Can You Record Phone Conversations In Connecticut To Help Your Lawsuit?

You might be surprised how many times I am asked this question.  Of course, the circumstances of every case warrant separate consideration, but here are the basic facts concerning recording of phone conversations in Connecticut as it relates to civil litigation and lawsuits:  Civil Liability.  You are subject to liability in a civil lawsuit if you violate Connecticut […]

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