April 20, 2020


Dear Readers,

We are proud to bring you Issue Two of Volume XXVI of the Richmond Journal of Law and Technology.

Our first article was written by Thomas Y. Allman. Mr. Allman is the current Chair Emeritus of the Sedona Conference Working Group One, which focuses on E-Discovery. He also teaches a class on E-Discovery as an Adjunct Professor at the University of Cincinnati College of Law. For over two decades, Mr. Allman has been studying and writing about spoliation, and has tracked every reported case decided under Federal Rule of Civil Procedure 37(e). Since the 1990s, Mr. Allman has argued that it is unfair for some courts to presume that producing parties that unintentionally failed to preserve electronically stored information should be sanctioned because the party acted based on an awareness of weakness in claims or defenses. In his article, Mr. Allman argues that the amended Rule 37(e) appropriately addresses prejudice because it provides a choice for courts between imposing a harsh measure such as an adverse inference instruction and doing nothing. This article advances Mr. Allman’s view of the need for judicial restraint relating to spoliation and is analogous to his previous publication on Rule 37(e) with JOLT in 2007.

Our next article was written by Christopher Marple, a member of the University of Richmond School of Law Class of 2020. Chris is the Assistant Symposium Editor for the University of Richmond Law Review and the Vice President of the Student Bar Association. His article focuses on music copyright law and the licensing systems that make digital music streaming possible for listeners. Chris argues that the recently passed Music Modernization Act provides a beneficial reform in mechanical licensing for songwriters and music publishers.

Our next article was written by John Tyler Stocking. He is the Managing Editor for the University of Louisville Law Review and will earn his J.D. from the University of Louisville in May 2020. Mr. Stocking’s experience as a sports writer and his studies in international intellectual property are sources of inspiration for this article. In his article, Mr. Stocking explores the past and future of tattoo copyright infringement litigation, paying particular attention to issues arising in professional sports leagues.

Our final article was written by JOLT’s own Darden Copeland, a member of the University of Richmond School of Law Class of 2020. Darden is also the Senior Articles Editor for the Richmond Journal of Law and Technology’s Twenty-Sixth Volume. He will start his career as an associate attorney at the law firm Kaufman & Canoles. Darden’s article examines electric scooters through the lens of products liability law. His article is one of the first to explore the legal implications of cutting-edge scooter technology and transportation.

On behalf of the editorial team and staff of JOLT, I would like to extend our sincerest gratitude to our authors for their contributions to Issue Two. I would also like to thank the entire JOLT staff for their diligent efforts that made publication possible.




Scottie Fralin

Dealing with Prejudice: How Amended Rule 37(e) Has Refocused ESI Spoliation Measures

By Thomas Y. Allman

The Times They Are A-Changin’: How Music’s Mechanical Licensing System May Have Finally Moved Into the 21st Century

By Chris Marple

From Ötzi the Iceman to Chris the Birdman: Tattoos as Persona, Not Property

By John Stocking

Electric Scooters: A New Frontier in Transportation and Products Liability

By Darden Copeland