Richmond Journal of Law and Technology

The first exclusively online law review.

Category: News (Page 1 of 2)

JOLT Announcement

We’re excited to announce the migration of the JOLT website to a new more secure server.  All of our existing content will be migrated to our new website, featuring: Issue II to be published this week, our ongoing blog posts regarding the most topical subjects on the intersection of law and technology, and our past Issues and Symposium materials. You will also soon be able to view the most recent recordings of our Symposium sessions.  As our most recent Symposium highlighted, ransomware and malware attacks can occur through a variety of platforms and varied levels of sophistication. To enhance our site’s own cyber security, we are in the process of migrating the entire journal site to a new server with enhanced features to increase stability and preventative safety measures. For more details regarding the breadth of cyber attacks, see our upcoming Survey Issue, to be published in the coming weeks, with several articles addressing cyber breaches. We hope you regularly visit the JOLT site to find and discover scholarship on law and technology.

Volume XXII Issue IV

May 16, 2016

Dear Readers,

The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-Second Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in legal scholarship. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. The articles in the Fourth Issue offer exciting discussions on forward-looking areas of the law and give readers a glimpse into the ways in which technology is transforming the legal landscape. The Journal hopes that these articles will drive advancements in the law and in practice, and we look forward to the discussions they evoke.

In our first article, entitled “Digital Direction for the Analog AttorneyData Protection, E-Discovery, and the Ethics of Technological Competence in Today’s World of Tomorrow,” authors Stacey Blaustein, Melinda McLellan, and James Sherer outline some of the many challenges facing attorneys operating in the current high-tech legal environment. The article examines the ways in which existing and emerging ethical rules and guidelines may apply to the practice of law in the digital age. Cloud technology and social media are among the prominent technical platforms which, while convenient and efficient, pose significant threats to the technologically incompetent lawyer and his clients. This article is certain to spark further conversation about these issues as they continue to evolve.

Our second article, and final article of Volume XXII, is the selected 2016 JOLT Student Comment. Written byJOLT’s graduating Managing Editor, Megan Carboni, this article makes an exciting and bold proposal to bridge the gap in employment classification for workers in the “sharing” or “collaborative” economy. This new technology-enabled marketplace, spurred by Uber and mimicked by numerous other innovative service-sharing applications, posits a vexing balancing act between meeting the needs of businesses and their quasi-employees. Uber and similar businesses rely on classifying their workers as independent contractors, avoiding the potentially crippling benefits and obligations that these businesses would be forced to provide for their employees. At present there are only two definitions—employee and independent contractor—making it difficult to strike a balance without severely interfering with the employer’s business or employee expectations and needs. This article proposes an innovative third classification, the “dependent contractor,” as the best solution to meet the needs of both employer and employee.

On behalf of the entire 2015–2016 JOLT staff, I want to extend our sincerest thanks for your continued readership. I would also like to thank each of our authors for the time and hard work they have put into these articles. As always, JOLT greatly appreciates the ongoing support from the University of Richmond School of Law and is especially grateful for the guidance of our faculty advisors, Dean Jim Gibson and Professor Chris Cotropia.

On a more personal note, I wanted to extend my utmost appreciation and gratitude to the 2015–2016 JOLTEditorial Board and staff. It has been a pleasure serving as the Editor-in-Chief of Volume XXII and I could not have successfully completed the Volume without the consistent hard work and dedication of the Journal’s members. On behalf of the outgoing class of 2016, I would like to wish Volume XXIII and the new Editorial Board all the best as they continue shaping JOLT’s reputation as the leading publication in the legal technology world.




John G. Danyluk                                                                                                                             Editor-in-Chief, Volume XXII


Digital Direction for the Analog Attorney – Data Protection, E-Discovery, and the Ethics of Technological Competence in Today’s World of Tomorrow, by Stacey Blaustein, Melida L. McLellan, and James A. Sherer

A New Class of Worker for the Sharing Economy, by Megan Carboni

2014-2015 Student Law and Technology Writing Competition

The Richmond Journal of Law and Technology is pleased to announce the commencement of the 2014-2015 Student Law and Technology Writing Competition.  From now until midnight EST on Monday, January 26th, 2015, all law students across the country will be eligible to compete in the writing competition for cash prizes and a chance to be published in a future issue of the Journal.  The entries must focus on topics at the intersection of technology and the law.  The first place prize is $1,500 and the second place prize is $700.  Additionally, one student from the University of Richmond will be awarded the Rick Klau prize of $300.


In order to properly submit an entry, each student must follow the submission guidelines. Any entries that do not comply with the submission guidelines will not be considered.  Please e-mail all completed entries along with an entry form to and include “Student Law and Technology Writing Competition” in the subject line by midnight EST on Monday, January 26th, 2015. Both the submission guidelines and the entry form can be found on JOLT’s website.


Please direct any questions you may have to  The Journal is looking forward to reading your submissions.  Good luck!

General Information


Entry Form

JOLT Articles Set For Use In Sedona Conference/ARMA International Conference

On April 14-15, 2014 The Sedona Conference and the Association of Records Managers and Administrators (ARMA) International will be co-hosting an Executive Conference on Information Governance at Amelia Island, Florida for approximately 100 information governance, records management, compliance, legal, privacy, and security professionals. More information about this event can be found at

Four JOLT articles will be included in the materials for the conference including:

Peter Sloan, What Is Information Governance?

Peter Sloan, The Compliance Case for Information Governance, 20 Rich. J.L. & Tech. 4 (2014),

Charles R. Ragan, Information Governance: It’s a Duty and It’s Smart Business, 19 Rich. J.L. & Tech. 12 (2013), available at

Bennett B. Borden & Jason R. Baron, Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice, 20 Rich. J.L. & Tech. 7 (2014),


Sedona Conference® to Use JOLT Article in Webinar



Sedona Conference® Webinar

ESI in the Criminal Justice System – From Initial Investigation through Trial


           The Sedona Conference® is hosting a two-part webinar on electronically stored information (ESI) as it relates to criminal justice system. The 90-minute webinars will address the issues dealing with the collection, disclosure, and use of “criminal electronically stored information” from criminal investigation through the trial. The dates of the two webinars are Feb. 19, 2014 and March 19, 2014.

           As part of the presentation, the Sedona Conference® will include material from the following JOLT article:

Social Media Evidence in Government Investigations and Criminal Proceedings: A Frontier of New Legal Issues – Justin P. Murphy & Adrian Fontecilla,


Click here for more information on the Webinar


Announcement: Symposium Registration Now Open

Registration for our yearly symposium, Information Governance: A Comprehensive Approach to e-Discovery, is now open


Please follow the above link for a speaker schedule, the registration form, and all other details.  We hope to have you.



Recap of the 20th Volume Alumni Celebration

Thank you to all of those who joined us at JOLT‘s 20th Volume Alumni Celebration.  It was wonderful to see so many generations of alumni.


Ben Fox, Editor-in-Chief, kicks off the evening by introducing Rick Klau.

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JOLT Co-Founder Rick Klau gives the keynote address, describing how an arbitrary deadline from the Dean’s Office was a blessing in disguise: it made JOLT the first journal to publish exclusively online.

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Volume XX Editorial Board and Senior Staff

Thank you to everyone who came out.  We had a great time celebrating JOLT’s success. To another twenty years!


Sedona Conference® to Use JOLT Article at 10th Annual Georgetown Law Center Advanced e-Discovery Institute Program

For ten years, the Sedona Conference® has been working together with the Georgetown Advanced e-Discovery Institute to produce the finest e-Discovery education in the nation. To celebrate the ten year anniversary of this unique collaboration, the Sedona e-Discovery Cooperation Training Program will come to Georgetown on November 21 to host three concurrent sessions entitled “Cooperation in Practice.” Each session will feature a panel of experts, including state and federal judges, who will review and critique the performance of two teams assigned to negotiate the scope of discovery in an employment discrimination case.

The Sedona Conference® has requested permission to include a JOLT article as part of the materials used to familiarize the team participants and attendees with the case study and the practical tools for cooperative advocacy. The article requested was included in Vol. XVIII, Issue 3 , and titled Cooperation – What Is It and Why Do It? by Hon. David J. Waxse. 

The Sedona Conference® is a nonprofit, 501(c)(3) research and educational institute dedicated to the advanced study of law and policy in the areas of antitrust law, complex litigation, and intellectual property rights.  The Sedona Conference’s mission is to drive the reasoned and just advancement of law and policy by stimulating ongoing dialogue amongst leaders of the bench and bar to achieve consensus on critical issues.

To learn more about the upcoming program, please visit

sedona conference logo



JOLT 2013-2014 Outlook and Announcement of 20th Volume Alumni Celebration

by Benjamin Fox, Editor-in-Chief

Following the announcement of the new staff members in August, JOLT turned its full attention to Volume XX.  I would like to take a few moments to discuss our outlook for this year, and announce some special plans.  First, however, I would like to say a huge “Thank You” to Editor-in-Chief Laura Cahill and the rest of the JOLT Volume XIX Editorial Board for all their exceptional work last year and help in the transition process.  In addition to publishing four issues and organizing an e-Discovery Symposium, the Board oversaw a complete re-design of the website, which now offers blog posts, reader and author interaction, and advanced searchable features.  We hope to build upon their advances.

Our staff is hard at work editing articles for Issue One and looking for quality articles to publish throughout the year.  We strive to continue JOLT’s tradition of publishing insightful, informative, and well-written articles that will drive discussion on a topic.  It is this tradition that has made JOLT the second most cited science, technology, and computing journal in judicial opinions over the past eight years.[1]  Furthermore, we have expanded our blog post section and will continue to increase the number and frequency of posts, so check back often!  Our blog posts present an opportunity to address evolving issues at the intersection of law and technology as they emerge.  As always, we appreciate your comments.  Additionally, while many of our blog posts come from JOLT staff, we welcome submissions from all sources.  Therefore, if you are interested in writing an article or blog post, please contact us at

JOLT’s Annual Symposium is scheduled for February 28, 2014, and looks to be our biggest yet.  This year’s Symposium will focus on e-Discovery and Information Governance, with topics including the ethics of data retention, privacy and security of data, the importance of developing and implementing information governance procedures, and the effects of the proposed amendments to the Federal Rules of Civil Procedure.  We will provide updates under the “Symposium” tab on the site and will publish blog posts from a number of the authors and speakers in the months leading up to the Symposium.

Finally, it is with genuine excitement that I announce the JOLT 20th Volume Alumni Celebration.  On November 15, 2013, we will be hosting a reunion event for all University of Richmond JOLT alumni and their families.  JOLT alumni should be on the lookout for a save-the-date and a formal invitation with more information.  We will provide further updates on the website, but in the meantime, if you have questions about the event, please contact our Managing Editor Morgan Ackerman at  We hope to see many of you then!

[1] Law Journals: Submissions and Ranking, 2005-2012, Wash. & Lee Sch. L. L. Libr., (search by selecting “Science, Technology and Computing” under Journal Criteria and “Case Cites” under Ranking Criteria)

Blog: Welcoming our Volume XX Associate Staff

by Benjamin Fox, Editor-in-Chief, Volume XX
It is my distinct honor to introduce the incoming staff members of Volume XX of the Richmond Journal of Law and Technology.  These students worked extremely hard during the journal competition, and we look forward to working with them during the upcoming school year!
Congratulations to the following students:

Billy Raska
Brittani Lemonds
Catherine Gray
Danielle Bringard
Dimitri Karles
Dylan Denslow
Emma Buck
Fiona Clancy
Jasmine McKinney
Jessica Ertel
Kevin Conneran
Kit Mathers
Laura Bedson
Matt Miller
Miles Jolley
Silvia Lee
Spencer Mead
Taylor Linkous
Walton Milam

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