Copyright (c) 2008 All rights reserved. http://works.bepress.com/allyson_haynes Recent documents in Allyson W. Haynes en-us Sun, 24 Aug 2008 04:03:02 PDT 3600 http://works.bepress.com/allyson_haynes/7 http://works.bepress.com/allyson_haynes/7 Tue, 22 Jul 2008 07:08:25 PDT Allyson W. Haynes http://works.bepress.com/allyson_haynes/6 http://works.bepress.com/allyson_haynes/6 Tue, 22 Jul 2008 06:20:06 PDT Allyson W. Haynes http://works.bepress.com/allyson_haynes/4 http://works.bepress.com/allyson_haynes/4 Tue, 11 Sep 2007 11:14:28 PDT Allyson W. Haynes http://works.bepress.com/allyson_haynes/3 http://works.bepress.com/allyson_haynes/3 Mon, 10 Sep 2007 12:56:59 PDT Allyson W. Haynes Presentations http://works.bepress.com/allyson_haynes/2 http://works.bepress.com/allyson_haynes/2 Mon, 10 Sep 2007 12:52:32 PDT The Federal Courts Law Review, the online publication of the Federal Magistrate Judges Association and the hard copy publication of the Charleston School of Law, proudly presents its inaugural symposium, co-sponsored by the South Carolina Bar Continuing Legal Education Division. Course Planners Allyson W. Haynes, a Charleston School of Law Professor, and The Honorable John M. Facciola, United States Magistrate Judge, District of Columbia, have assembled both nationally distinguished and locally experienced speakers. They will share their expertise, insights, and practical knowledge of the recent amendments to the Federal Rules of Civil Procedure pertaining to electronic discovery. Our esteemed keynote speaker is The Honorable John L. Carroll, Dean of Cumberland School of Law, Samford University, former United States Magistrate Judge for the Middle District of Alabama, former member of the U.S. Judicial Conference Committee on the Federal Rules of Civil Procedure and former chair of its Discovery Sub-Committee, and member of the Advisory Board for the Sedona Conference. This exciting symposium will detail and explore the real-world, practical effects of the rule changes, as presented by members of the judiciary, scholars, and practitioners who are most familiar with them. As the scope of discovery in litigation has been profoundly affected by the influence of technology and electronically stored information, today's attorney must plan for electronic discovery issues at the outset of litigation. The program will feature in-depth discussions of preservation obligations and challenges, litigation holds, spoliation, limits of the rule's "safe harbor," forms of production, and reasonable access to data. The program will also include practical advice on the development and implementation of an electronic discovery plan. The ethics component will delve into the issues of privilege review and waiver, inadvertent disclosure, and selective waiver. A judicial roundtable on the new rules and the status of changes to the South Carolina Rules of Civil Procedure will conclude the program. Allyson W. Haynes Presentations http://works.bepress.com/allyson_haynes/1 http://works.bepress.com/allyson_haynes/1 Sun, 09 Sep 2007 15:58:31 PDT Individuals disclose personal information to websites in the course of everyday transactions. The treatment of that personal information is of great importance, as highlighted by the recent spate of data breaches and the surge in identity theft. When websites share such personal information with third parties, the threat of its use for illegal purposes increases.The current law allows website companies to protect themselves from liability for sharing or selling visitors' personal information to third parties by focusing on disclosures in privacy policies, not on substantive treatment of personal information. Because of the low likelihood that a visitor will read or understand that policy, websites have an incentive to protect themselves by allowing for a broad use of the visitor's personal information. In turn, websites word those policies as contractual commitments, purportedly binding visitors to their terms, which often include forum selection provisions as well as privacy terms. In light of these two factors - little substantive protection, and privacy provisions that allow for broad use of personal information - such visitors may well find themselves in the position of challenging the enforceability of the privacy policy. I argue that the policies are challengeable primarily on lack of assent and unconscionability grounds. Allyson W. Haynes