March 30, 2016

Dear Readers,

The Richmond Journal of Law and Technology is proud to present its Third Issue of the Twenty-Second Volume, our Annual Survey. This Issue is published as a companion to JOLT’s Annual Symposium, titled “Competence in E-Discovery: Practical Aspects of a Lawyer’s Professional Duty.” The main focus of JOLT, tracing back to the Journal’s beginnings in 1995, has been to delve deeper into topics that are changing our legal landscape. The Journal aims to shed light on technological issues that all lawyers should be apprised of, from an increasingly wide range of matters. Our Annual Survey displays this range of issues facing what it means for a lawyer to be technologically competent. Increasingly, states are deciding that our profession demands a level of technological understanding in order to be “competent” under the Model Rules of Professional Responsibility. In these articles, JOLT brings you a sampling of issues lawyers need to be aware of while striving to reach these new goals.

In our first article, “Addressing Employee Use of Personal Clouds,” author Philip Favro delves into the sometimes mystifying issue of cloud computing. Specifically, he educates us all on how personal cloud computing usage can affect those in the business enterprise. He surveys recent court cases surrounding this issue, sheds light on some of the more troubling problems that arise, and concludes with suggestions of best practices for those who might be affected by personal cloud usage in a legal business setting.

Author Lauren Wheeling Waller provides our second article, “Preservation: Competently Navigating Between All and Nothing.” Preservation of electronically stored information is an increasingly important concept for practicing lawyers, especially as methods of generating data exponentially grow. Lauren gives us a blueprint for the standards lawyers should impose in order to avoid costly sanctions for the failure to preserve ESI.

In our third article, “’Connected Discovery: What the Ubiquity of Digital Evidence Means for Lawyers and Litigation,” author Gail Gottehrer sheds light on the increasing use of technological evidence in litigation. She provides us with an overview of the most prevalent connected devices that are used as evidence in today’s average courtroom, along with a survey of cases in which these devices were actually utilized. Knowledge of these sources of digital evidence, Gail highlights, is increasingly part of a lawyer’s duty to competently represent his or her client.

In our final article, “A Litigator’s Guide to the Internet of Things,” author Antigone Peyton illuminates an interesting subject – the Internet of Things – which includes, but is certainly not limited to, the devices an average person uses on a daily basis which may have wider legal implications that they are not aware of. Antigone discusses the major devices which are part of the IoT, the e-Discovery issues associated with the data these devices collect, and how that data may be used for or against your client in a courtroom. Knowledge of the IoT and the devices and data involved may be the difference in winning cases for your client.

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 our extremely dedicated and hardworking authors for graciously donating their time and expertise, some for the second or third year in a row. I would also like to recognize and thank the JOLT Editorial Board and staff — particularly my Annual Survey and Symposium Associate Editors Brandon Bybee and Quinn Novak — for their support and diligence, not only in editing the Annual Survey but also in contributing to the success of the Symposium. And finally, a big thank you to the University of Richmond School of Law for supporting this Journal and the Symposium, and for the continued guidance from our excellent faculty advisors, Dean Gibson and Professor Chris Cotropia.



Eileen Waters

Annual Survey & Symposium Editor, Volume XXII

Addressing Employee Use of Personal Clouds, By: Philip Favro

Preservation: Competently Navigating Between All and Nothing, By: Lauren Wheeling Waller

“Connected” Discovery: What the Ubiquity of Digital Evidence Means for Lawyers and Litigation, By: Gail Gottehrer

A Litigator’s Guide to the Internet of Things, By: Antigone Peyton