Tech Law Advisor

My name is Kevin Heller. I hold a juris doctor degree from Cardozo School of Law and previously practiced as an IP and technology litigator in New York and New Jersey. I now provide business and technology consulting services focused on litigation readiness, compliance, information and records management, and data retention strategy for a company in Silicon Valley and am based in the NYC / Philadelphia area.

You can find out more about what I am doing by following my action stream:

RSS Feed

Tags: Social Media // Add Comment »

U.S. v. Comprehensive Drug Testing Inc., No. 15-10067 (Aug. 26, 2009) [pdf]

Tags: Uncategorized // Add Comment »

I think its great that Andy Roddick is speaking out against The US Open trying to regulate twitter tweets. Much more impressed with his reaction than Chad Ochocinco’s reaction to new NFL social media policy.

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Best of 2009 (i.e. release date) so far (this only includes new songs that I am acquainted with….)

• Two Weeks – Grizzly Bear
• Blood Bank – Bon Iver ****
• Walking On a Dream – Empire of the Sun
• Still – Great Lake Swimmers
• Sovereignty – Japandroids *****
• I’ve Got Friends – Manchester Orchestra
• She’s Got You High – Mumm-ra
• Lasso – Phoenix
• Panic Switch – Silversun Pickups
• Save Me From What I Want – St. Vincent
• Who Can Say – The Horrors
• Beach Demon – Wavves
• You Go On Ahead (Trumpet Trumpet II) – Sunset Rubdown
• Zero – Yeah Yeah Yeahs
• My Girls – Animal Collective

This doesn’t include the amazing Snow Leopard by Shearwater:

Tags: Twitter Trends // Add Comment »

I started posting to techlawadvisor.com as a first year associate at a boutique Manhattan intellectual property firm on August 15, 2002. The first post was related to a case that our firm had tried before Judge Mukasey in the SDNY. I was going to follow the Judge’s lead and seek the humor in the intellectual property law world. Too soon I began rallying against all that was wrong with copyright and trademark in America. Lol. Before long I was obsessed with being the first to post on every new case, I was like the rat in the cage, seeking that next nugget and never satisfied once I had received it. I spent 45 solid months in this mode before I realized I was derailing. Taken to extremes, I set about fixing this by shunning everything I had accomplished up to this point, all the readers I had develped, all the google love I had created and the network of contacts I was figuring out how to develop. I tried to go back to posting 8 months later but I had missed out on what I considered a very important time period in the development of the form and quit again. I had encouragement from other along the way but never was able to regain the humor and enjoyment. 9 years later, I want to post again and engage and communicate. But this time it will be different. We’ll see.

Tags: Through the Looking Glass // Add Comment »

There is a lot of chatter about how Twitter accounts are going unused. For example, in this All Things D conference interview, Walt Mossberg states that 51% of people with Twitter accounts don’t use it once a month.

What does Walt really mean by that? Does he mean that people are not twittering meaningless tweets on their twitter account or does he mean that people with accounts aren’t even visiting the site; that they aren’t even pulling feeds and reading on their Google Reader? Can he quantify this statement.

Just because I don’t tweet everyday does not mean that I have not searched twitter daily or reviewed my feeds or monitored conversations or spent time reading what others have to say.

Twitter is more than tweeting. And that is what I think not many of the people that are supposed to be in the know don’t get and that’s why they don’t get Twitter.

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Twitter, like its predecessors, email, IM, texting, blogging, offers individuals, professionals and employees (on or off the job) a quick way to get their message out to others who they are working with. Similiarly, everything you make public (or sometimes private) may reveal, what is essentially, privileged or private information about corporations, friends or yourself and may thus expose you, your company, your friends to claims of defamation, copyright infringement, plagiarism, or may get you in trouble with the SEC.

Twitter is no different than that which has come before.

Just think before you Tweet.

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My name is Kevin Heller. I hold a juris doctor degree from Cardozo School of Law and previously practiced as an IP and technology litigator in New York and New Jersey. I now provide business and technology consulting services focused on litigation readiness, compliance, information and records management, and data retention strategy for a company in Silicon Valley and am based in the NYC area.

I started blogging in 2001 and have been writing about technology law, legal technology, e-discovery, apps and social media at Tech Law Advisor since August 2002. I am currently sharing my thoughts and opinions on these topics at the Knive Media blog.

In my spare time, I hang out and do things with my two wonderful children. We read funny stories, listen to really good music, watch amazing films, play iphone apps, spend lots of time outdoors and have family memberships to the Guggenheim and NJ Discovery Museums.

I can be reached at a multitude of email addresses including kevinesq at gmail dot com.

Tags: Tech Law Consulting, Through the Looking Glass // Comments Off

Tech Law Advisor discussing Judge Sotomayor’s Netscape opinion in 2002.

Tags: Through the Looking Glass // Add Comment »

Does app infringement have me thinking differently about mp3 file sharing. Maybe.

Unofficial Software Incurs Apple’s Wrath

Not sure.

Tags: Intellectual Property // Comments Off