At this CLE presentation, Melissa Maxman and Ronald Wick addressed the question: Will enforcement agencies and private parties be able to keep up with the fast-paced IT world as it continues to accelerate?

Topics discussed included:

  • Government enforcement in a post-Microsoft environment:
    • From Microsoft to Google: Do recent developments suggest that traditional enforcement doctrines are beginning to catch up?
    • From Microsoft to Intel: Intel’s conduct is being challenged by antitrust authorities around the globe.
  • Trial and Evidentiary changes:
    • Economic Analysis: The relevance of traditional market metrics given the new business environment.
    • Proof issues: Groundbreaking opinions in the cases of Zubulake v. UBS Warburg, addressing discovery, trial, and evidentiary issues regarding metadata, data sampling, and related electronic issues and in Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Amer. Secs., further demonstrates that discovery is now firmly in the electronic age.