November 28, 2011
Spring 2012 Travel/Presentation Schedule
Here's a list of some of my anticipated upcoming events. For some reason, a higher-than-usual number of these upcoming events are still question marks. As usual, if I'm traveling to your neighborhood or we're going to be at the same event, let me know if you'd like to get together.
Dec. 2: The Economics of Privacy, University of Colorado Boulder, Boulder, CO
Jan. 20: ABA Business Law Section Cyberspace Committee Winter Working Meeting, San Francisco
Feb. 9: Faculty workshop, University of North Carolina Law School, Chapel Hill, NC
Feb. 10-11: WIPIP, University of Houston Law Center, Houston, TX
March 22: Oldham Lecture in Intellectual Property Law (should be open to the public), University of Akron School of Law, Akron, OH
March 24: Internet Law Works-in-Progress, New York Law School, New York, NY
April 13: Social Networking Sites: Law, Policy and Practical Strategies, Suffolk University Law School, Boston, MA
April 20-21: Trademark Scholars' Roundtable, Chicago, IL
May 2: Lawyers' Guide to Using Social Media for Professional and Client Development, PLI, San Francisco
May 4: American Society for Aesthetic Plastic Surgery Annual meeting, Vancouver BC (to discuss DoctoredReviews.com and patient reviews)
May 5-9: I'm trying to decide if I'll go to the INTA Annual Meeting in Washington DC. My faculty discretionary account probably will be exhausted by then.
May 18-19: Teaching Consumer Law conference, University of Houston Law Center, Houston, TX
June 1-2: SFIPLA meeting in Healdsburg, CA
June 10-12: AALS Mid-Year Meeting, Berkeley, CA
November 18, 2011
YouTube Video Impeaches Witness' Credibility--Ensign Yacht v. Arrigoni
Ensign Yachts, Inc. v. Arrigoni, 2011 WL 5325174 (D. Conn. Nov. 2, 2011)
Another entry in the annals of social media evidence undercutting a litigant's testimony. This time, a YouTube video becomes the "gotcha":
Ross Sr.'s credibility was severely impeached at trial, most notably through the introduction of a YouTube video of Ross Sr. and Fabrice Fontanez on a yacht in the South of France directly contradicting Ross Sr.'s sworn testimony that he had only seen Fontanez on one occasion, at the Norwalk Cove Marina in Connecticut, since the dealings regarding the sale of the yacht and that he had no business relationship with Fontanez. Contrary to this testimony, the YouTube video, a promotional video for NuMarine, displayed Ross Sr. with one of his yacht dealers on a yacht in St. Tropez with Fabrice Fontanez in 2010, establishing that he had not only seen Fontanez on at least one additional occasion, but also that he had a business relationship with Fontanez. Further, when presented with this video on cross-examination, Ross Sr. was at best evasive in answering questions concerning the identities of the people shown in the video.