“Oh, Snap! The State of E-Discovery as Social Media Goes Mobile via Snapchat, WhatsApp and Other Messaging Apps”

poster abstractWith the series of decisions in Zubulake v. UBS Warburg1-4 and the revisions to the Federal Rules of Civil Procedure5, a new field within legal practice appeared, the law regarding electronic discovery (e-discovery). Although the phase of litigation known as discovery has existed for many years, with opposing parties and their lawyers making requests and exchanging documents that are relevant to a case, e-discovery transformed this process from the paper-based, pre-Internet world of discovery to a whole series of rules and decisions related to how to identify, collect, preserve, analyze, review, produce and present electronically-stored information (ESI). Not only is this evidence in digital form, but it also exists a wide range of media and formats, from word processing and spreadsheet files to photographs, blog postings, videos, emails and websites. More recently, debates and court decisions have focused on electronically stored information that is posted on social media sites such as Facebook as well as more informal and transient communications involving text messages and new vendor services for mobile devices, such as WhatsApp and Snapchat. As the researchers will demonstrate through current cases, each new technology that generates electronically-stored information is an opportunity to trace its path through the phases of the e-discovery process, to note the legal, technological, logistical and ethical issues at each phase and to consider any special challenges that lawyers and their support teams might face. This research is particularly timely, given that the Federal Rules of Civil Procedure are being significantly revised again, based on a May 2010 conference on civil litigation at Duke University and more than 2,300 comments from interested practitioners and academics since then.6 Among the revised rules that will become effective on December 1, 2015, if approved by the U.S. Supreme Court and Congress, are several that directly impact electronically-stored information, including Rules 16, 26, 34 and 37, with the goal of making the e-discovery process more efficient and less burdensome and costly

Sharing Is Scaring: Legal + Ethical Issues with Shared Content in Social Media and Mobile Messaging Apps

Even if you can reuse, aggregate or share that photo, video, meme or text, should you? Our mixed-methods study explores the legal and ethical issues involved in content-sharing practices in social media and messaging apps through analysis of public policy challenges, related work in Human-Computer Interaction (HCI) literature and quantitative and qualitative data. Key concepts in the study include copyright law, plagiarism, user-generated content (UGC) and fair use

An Investigation of Legal and Ethical Issues with User-Generated Content and Other Forms of Electronically Stored Information Communicated via Social Media, Messaging Apps and Social Devices, Including the Internet of Things

On social networking services, sharing is caring. However, depending on who or what is involved, sharing can be the source of a community transgression, copyright infringement, a violation of employment policies or worse. If people who use social media, mobile messaging apps and social devices do not know where the ethical or legal lines are drawn, in jurisprudence, in vendor Terms of Service, in professional codes of conduct or in keeping with online social norms, they are in jeopardy of being publicly shamed or even sued. Users may also put their employers, friends and colleagues at risk of community, professional or legal penalties in an era where the boundary between work and leisure is becoming even more blurred. This mixed-methods, interdisciplinary research project explores the current state of awareness on a range of legal and ethical issues involving User-Generated Content (UGC) and other forms of Electronically Stored Information (ESI) on social networks and devices for personal and enterprise use and for several different constituencies, including marketers, artists, journalists, academics, educators, entrepreneurs, bloggers, photographers and videographers. The quantitative, numeric data resulting from an online survey as well as qualitative, descriptive data gathered from semi-structured interviews with participants and observations gleaned in contextual inquiry will help address gaps in current research on this subject. In addition, the research findings will guide design directions for a tool, intervention or affordance to help users become better informed about privacy, intellectual property and information governance in the context of electronic sharing and more easily put this knowledge into practice. The first phase of developing the survey protocol is already underway, with a literature review completed and the survey submitted for IRB review as #1602921512. Pilot contextual inquiries and field studies are being pursued to guide development of qualitative research phases in the future. 1. Bohn, J., et al. Social, economic, and ethical implications of ambient intelligence and ubiquitous computing. Ambient Intelligence. Springer Berlin Heidelberg, 2005, 5-29. 2. Cohen, J.E. Configuring the Networked Self: Law, Code, and the Play of Everyday Practice. Yale University Press, 2012. 3. Erickson, T., and Kellogg, W.A. Social translucence: an approach to designing systems that support social processes. ACM Transactions on Computer-Human Interaction (TOCHI) 7.1 (2000): 5983. 4. Faklaris, C., and Hook, S.A. Oh, Snap! The State of Electronic Discovery Amid the Rise of Snapchat, WhatsApp, Kik and Other Mobile Messaging Apps. Federal Lawyer, May 2016 [in press]. 5. Fiesler, C., and Bruckman, A.S. Remixers' understandings of fair use online. Proceedings of the 17th ACM Conference on Computer Supported Cooperative Work and Social Computing. ACM, 2014. 6. Hook, S.A., and Faklaris, C. Social Media, The Internet and Electronically Stored Information (ESI) Challenges. National Business Institute, 2015. Available at https://scholarworks.iupui.edu/handle/1805/7177

If You Are Going to Skydive, You Need a Parachute: Navigating the World of Higher Education as an Adult/Returning Student

You have reached that point in your life where a change is needed. Perhaps you have been contemplating an upgrade to your skill set, a new degree or certificate, additional credentials or even a completely new career. The world of higher education has changed significantly even in the last few years and there are many more options for adult/returning students. Hybrid and online degrees and courses offer a particularly flexible alternative for those with jobs and family responsibilities or who are in rural areas not served by large universities. Savvy universities now recognize that women students want a sense of community in their courses and are looking for informal learning spaces, mentoring and support services as well as the opportunity to apply their skills and talents towards activities that contribute to the betterment of society as well as to increasing their incomes. This special session at InWIC is designed to offer insights, practical tips and encouragement to anyone who is thinking about – or in the process of – pursing additional education. The co-presenters will offer their personal experiences in navigating the financial, logistical and emotional/psychological issues involved in being an adult/returning student and will provide a number of useful resources for addressing these issues. The session will include time for participants to share their own experiences and to form a network for support in the future. Success is within your grasp, but in order to have smooth sailing, enjoy the view on the way down and not crash to the ground, you need a parachute – a plan for how you will address the risks, meet the challenges and maximize the opportunities and experiences that higher education presents. This InWIC session is intended to help you begin to prepare your plan

Preclinical Models for Neuroblastoma: Establishing a Baseline for Treatment

Preclinical models of pediatric cancers are essential for testing new chemotherapeutic combinations for clinical trials. The most widely used genetic model for preclinical testing of neuroblastoma is the TH-MYCN mouse. This neuroblastoma-prone mouse recapitulates many of the features of human neuroblastoma. Limitations of this model include the low frequency of bone marrow metastasis, the lack of information on whether the gene expression patterns in this system parallels human neuroblastomas, the relatively slow rate of tumor formation and variability in tumor penetrance on different genetic backgrounds. As an alternative, preclinical studies are frequently performed using human cell lines xenografted into immunocompromised mice, either as flank implant or orthtotopically. Drawbacks of this system include the use of cell lines that have been in culture for years, the inappropriate microenvironment of the flank or difficult, time consuming surgery for orthotopic transplants and the absence of an intact immune system.Here we characterize and optimize both systems to increase their utility for preclinical studies. We show that TH-MYCN mice develop tumors in the paraspinal ganglia, but not in the adrenal, with cellular and gene expression patterns similar to human NB. In addition, we present a new ultrasound guided, minimally invasive orthotopic xenograft method. This injection technique is rapid, provides accurate targeting of the injected cells and leads to efficient engraftment. We also demonstrate that tumors can be detected, monitored and quantified prior to visualization using ultrasound, MRI and bioluminescence. Finally we develop and test a "standard of care" chemotherapy regimen. This protocol, which is based on current treatments for neuroblastoma, provides a baseline for comparison of new therapeutic agents.The studies suggest that use of both the TH-NMYC model of neuroblastoma and the orthotopic xenograft model provide the optimal combination for testing new chemotherapies for this devastating childhood cancer

Exposure Patterns Driving Ebola Transmission in West Africa:A Retrospective Observational Study

BackgroundThe ongoing West African Ebola epidemic began in December 2013 in Guinea, probably from a single zoonotic introduction. As a result of ineffective initial control efforts, an Ebola outbreak of unprecedented scale emerged. As of 4 May 2015, it had resulted in more than 19,000 probable and confirmed Ebola cases, mainly in Guinea (3,529), Liberia (5,343), and Sierra Leone (10,746). Here, we present analyses of data collected during the outbreak identifying drivers of transmission and highlighting areas where control could be improved.Methods and findingsOver 19,000 confirmed and probable Ebola cases were reported in West Africa by 4 May 2015. Individuals with confirmed or probable Ebola ("cases") were asked if they had exposure to other potential Ebola cases ("potential source contacts") in a funeral or non-funeral context prior to becoming ill. We performed retrospective analyses of a case line-list, collated from national databases of case investigation forms that have been reported to WHO. These analyses were initially performed to assist WHO's response during the epidemic, and have been updated for publication. We analysed data from 3,529 cases in Guinea, 5,343 in Liberia, and 10,746 in Sierra Leone; exposures were reported by 33% of cases. The proportion of cases reporting a funeral exposure decreased over time. We found a positive correlation (r = 0.35, p ConclusionsAchieving elimination of Ebola is challenging, partly because of super-spreading. Safe funeral practices and fast hospitalisation contributed to the containment of this Ebola epidemic. Continued real-time data capture, reporting, and analysis are vital to track transmission patterns, inform resource deployment, and thus hasten and maintain elimination of the virus from the human population

The State of E-Discovery as Social Media Goes Mobile

Electronic discovery (e-discovery) is something that impacts everyone, whether they know if or not, because it deals with the proper collection, preservation, analysis and production of evidence in digital form. This presentation will concentrate on civil cases, but e-discovery is also important in criminal cases as well as other types of audits and investigations. For example, see Clark v. State, 915 N.E.2d 126 (2009) – an Indiana Supreme Court case. Electronic discovery is an especially important issue for anyone in the Informatics, Media Arts and IT industries

Social Media, The Internet and Electronically Stored Information (ESI) Challenges

Program Description Do you seek out litigation challenges? Do you have the confidence to own the courtroom and take down your opponent? Avoid complacency and take your practice to the next level with this comprehensive legal guide. You'll learn advanced tools to overcome the most difficult obstacles in civil litigation. Our experienced faculty will share the techniques they've developed over years in civil practice. Whether you're authenticating ESI, explaining complex damages, or prepping for an expert witness examination, you'll come back to the lessons learned in this seminar again and again. I.New Federal Rules of Civil Procedure II.Top Trial Mistakes: A Civil Court Judge's Perspective III.Resolving Discovery Disputes IV.Strategically Using Motions in Limine V.Social Media, the Internet and Electronically Stored Information (ESI) Challenges VI.Settle Your Case Before Trial: Advanced Techniques VII.Identifying and Overcoming Juror Bias VIII.Introducing Complex Case Themes During Opening Statements IX.Presenting Technical Expert Testimony to the Jury X.Using Evidence to Support Your Proposed Damages XI.Addressing Weaknesses in Your Case in Closing Statements XII.Ethic

Case Delays and Insufficient Client Communications

Real-life legal practice doesn't fit neatly into the bounds of legal ethics that we all learned in law school. There are always questions and pitfalls that you'll need to figure out to make certain you're in compliance today. This seminar compiles the toughest current challenges attorneys face in protecting their professional reputations. Our experienced attorney faculty will help you get the tools you need to do the right thing without fear of disciplinary action or litigation. •Clarify allowable and prohibited conduct in social media. •Discover and avoid hidden conflicts of interest. •Find out how to properly handle case delays. •Prepare for the ethical challenges a virtual law office presents. •Protect client confidentiality in online communications and in data storage

But I'm a Creator/Inventor/Coding, Not a Lawyer: What to Know about Intellectual Property Law, Contracts and More

What you don’t know can hurt you. This mini-session will offer tips to minimize the chance of being taken advantage of in the workplace or when sharing or creating work with others. Topics include contracts, licensing and intellectual property law (patents, copyrights, trademarks, trade secrets and branding), along with special issues related to freelancing and hackathons. Learn how to use the law to protect yourself, your work and your reputation and avoid infringing on the rights of others. Because the law related to technology is changing so fast, even a more seasoned professional will find the session to be helpful. Participants will gain confidence in and knowledge of how to deal with situations involving legal issues. They will know what to look for when asked to sign a variety of documents covering their creative work. They will also be able to discern when to contact a lawyer and what kinds of credentials to look for when selecting a lawyer