About
I'm a technology lawyer who has advised clients on tech, litigated tech issues…
Articles by Damien
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Deepfake Evidence: New GenAI Wine in old Fraud Wineskins?
Deepfake Evidence: New GenAI Wine in old Fraud Wineskins?
By Damien Riehl
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AI Agents and Knowledge Work: Accelerating Ideas, Commodifying Expressions, Flattening Professions, and Advancing Humanity
AI Agents and Knowledge Work: Accelerating Ideas, Commodifying Expressions, Flattening Professions, and Advancing Humanity
By Damien Riehl
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LLM Sourcing of Ground Truth (Facts, News, Law)
LLM Sourcing of Ground Truth (Facts, News, Law)
By Damien Riehl
Activity
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I am back at the farm after an amazing pre-conference ILTA Events Committee confab and #ILTACON2024. I have a few content pieces brewing to cover the…
I am back at the farm after an amazing pre-conference ILTA Events Committee confab and #ILTACON2024. I have a few content pieces brewing to cover the…
Liked by Damien Riehl
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Grateful to Law.com for covering the Minnesota Bar's #AI Sandbox — overseen by the AI Standing Committee, which I'll Chair. The Sandbox will use…
Grateful to Law.com for covering the Minnesota Bar's #AI Sandbox — overseen by the AI Standing Committee, which I'll Chair. The Sandbox will use…
Shared by Damien Riehl
Experience
Education
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William Mitchell College of Law
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Activities and Societies: Law Review (Executive Editor), Student Intellectual Property Law Association
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Licenses & Certifications
Volunteer Experience
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Board Of Directors
Minnestar
- Present 6 years 7 months
Science and Technology
Minnestar is a non-profit that creates experiences — such as Minnedemo and Minnebar — where the passion and potential of the Minnesota technology community come together. We are organized, funded, and built to serve our great community of technologists.
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Advisory Board Member
Westminster Town Hall Forum
- 6 years 1 month
Animal Welfare
http://westminsterforum.org/
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President, Board of Directors
Kantorei - A Chamber Choir
- 2 years
Arts and Culture
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Webmaster and IT Services
Kantorei - A Chamber Choir
- 12 years
Arts and Culture
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Board Member
Minnesota Orchestra's Crescendo Project
- 2 years
Arts and Culture
Publications
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Writing Briefs for Judges Who Read on Screens
JD Supra
Even lawyers don’t generate as much paper as they used to.
That doesn’t mean our tendency to use too many words has diminished. It simply means that nearly everything we write and read is now done electronically. From e‑mail to advocacy, we write in an electronic age, and many of our words are never reduced to paper. The Clerk of one federal court of appeals estimates, for example, that 70% of that court’s judges read briefs on screens, not paper. And screen reading can be very…Even lawyers don’t generate as much paper as they used to.
That doesn’t mean our tendency to use too many words has diminished. It simply means that nearly everything we write and read is now done electronically. From e‑mail to advocacy, we write in an electronic age, and many of our words are never reduced to paper. The Clerk of one federal court of appeals estimates, for example, that 70% of that court’s judges read briefs on screens, not paper. And screen reading can be very different than paper reading, triggering disparate cognitive processes. Put simply: paper readers and screen readers read differently. As such, writers who empathize with their readers should consider adapting.Other authorsSee publication -
Eighth Circuit Appellate Practice Manual - Chapter 10: Brief Writing and Appendices
Minnesota CLE
Co-authored chapter on appellate briefs and appendices, including requirements, best practices, and suggestions for drafting briefs -- particularly for judges who are more-frequently reading on screens.
Other authorsSee publication -
Sensors, Wearables, and Liability: The Brave New World of IoT (Internet of Things)
Hennepin Lawyer
Stories of technological authoritarianism are timeless: in 1984 and Brave New World, George Orwell and Aldous Huxley created dystopian visions filled with fanciful surveillance mechanisms meant to strike terror into the hearts of their mid-century readers. In those novels, citizens could be continuously monitored — logging even fleeting utterances in perpetuity. The good news: this bleak dystopia has finally arrived — just 30 years after Orwell predicted. But its arrival is accompanied by…
Stories of technological authoritarianism are timeless: in 1984 and Brave New World, George Orwell and Aldous Huxley created dystopian visions filled with fanciful surveillance mechanisms meant to strike terror into the hearts of their mid-century readers. In those novels, citizens could be continuously monitored — logging even fleeting utterances in perpetuity. The good news: this bleak dystopia has finally arrived — just 30 years after Orwell predicted. But its arrival is accompanied by something that Orwell and Huxley probably did not anticipate: people welcome it. We love our sensors, and we use them every day — voluntarily and happily. Even more, we pay a collective fortune for these expensive tracking devices. We've adopted them because the gadgets promise to make our lives easier. And they do. In the process, though, they also bring many legal issues that require resolution
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You Can't Judge an ECF Notice by its Cover
Minnesota Lawyer
Cautionary tales have long served humanity — allowing us to view others’ tragedy or misfortune with an eye toward our own self-improvement. We often repeat cautionary tales with some mixture of the following: sympathy, our belief that we wouldn't have made the same mistake, worry that we might, and personal resolve not to repeat those errors. All those feelings may have crossed the minds of lawyers who heard the story of a missed deadline — related to electronic service — that might cost their…
Cautionary tales have long served humanity — allowing us to view others’ tragedy or misfortune with an eye toward our own self-improvement. We often repeat cautionary tales with some mixture of the following: sympathy, our belief that we wouldn't have made the same mistake, worry that we might, and personal resolve not to repeat those errors. All those feelings may have crossed the minds of lawyers who heard the story of a missed deadline — related to electronic service — that might cost their client $40 million. If your heart has ever dropped, fearing that you might have blown a deadline, read on.
Other authorsSee publication -
Are You Bound From The Start By The Statements You Make?
Minnesota Lawyer Article
Litigators often lose sleep worrying about some misstep that will ultimately sink their case. Most cautious lawyers subscribe to Murphy’s (non-legal) Law: “Anything that can go wrong will go wrong.” A litigator’s version might be something like this: “If I don’t include the kitchen sink, then what I don’t say can and will be held against me by a court of law.”
Litigation’s uncertainties, coupled with notions of zealous representation, make this approach understandable. But for some…Litigators often lose sleep worrying about some misstep that will ultimately sink their case. Most cautious lawyers subscribe to Murphy’s (non-legal) Law: “Anything that can go wrong will go wrong.” A litigator’s version might be something like this: “If I don’t include the kitchen sink, then what I don’t say can and will be held against me by a court of law.”
Litigation’s uncertainties, coupled with notions of zealous representation, make this approach understandable. But for some appellate issues, those sleepless nights and the kitchen sink might be less prominent if you know where to look for help.
While statements of the case (also known as "appeal information statements," "case information statements," "civil appeal statements") are not to be taken lightly, the anxious litigator may take some comfort in the fact that most state and federal appellate courts will likely reject any attempt to bind parties to the docketing statements’ stated list of issues.Other authorsSee publication -
Screen Writing for Screen Reading
Minnesota Lawyer
As more judges read briefs and supporting materials on tablets, not paper, lawyers should reconsider how they construct documents. Importantly, when readers consume text through pixels on screens, the process is much different than reading on ink and paper. As such, lawyers would do well to adhere to some of the best practices discussed in this article.
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Is “Buying” Digital Content Just “Renting” for Life? Contemplating a Digital First-Sale Doctrine
William Mitchell Law Review
The first sale doctrine permits those who own physical copies of songs, movies, and books to transfer that ownership to someone else — but it has no direct counterpart in the digital realm (i.e., downloaded songs, movies, and e-books). This article discusses the potential for a digital version of the first-sale doctrine. As society’s digital appetite increases, we should consider how those purchases are treated: as “ownership” or as a “lifetime lease.” This article discusses the first sale…
The first sale doctrine permits those who own physical copies of songs, movies, and books to transfer that ownership to someone else — but it has no direct counterpart in the digital realm (i.e., downloaded songs, movies, and e-books). This article discusses the potential for a digital version of the first-sale doctrine. As society’s digital appetite increases, we should consider how those purchases are treated: as “ownership” or as a “lifetime lease.” This article discusses the first sale doctrine’s history, the potential for a digital first-sale doctrine, and the effect that licenses and subscription services may have on such as doctrine’s development.
Other authorsSee publication -
The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property
University of Miami Law Review
This article discusses how digital property (e.g., social media, gaming currency, e-mail accounts, photographs, videos, music) might be managed during the account holders’ lives. Upon the account holders’ deaths, what should happen to it? How should it be maintained? How should it be distributed? The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate…
This article discusses how digital property (e.g., social media, gaming currency, e-mail accounts, photographs, videos, music) might be managed during the account holders’ lives. Upon the account holders’ deaths, what should happen to it? How should it be maintained? How should it be distributed? The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and service providers and providing the level of security sought in fiduciary property management, as well as a best-practices approach in the interim to a complete solution.
Other authorsSee publication -
Forensic Collection of Electronic Evidence from Infrastructure-As-a-Service Cloud Computing
Richmond Journal of Law and Technology
This article discusses some challenges involved with electronic discovery and digital forensics arising from cloud computing infrastructure as a service, detailing how the nature of cloud computing challenges the process and product of electronic discovery.
Other authorsSee publication -
Peer-to-Peer Distribution Systems: Will Napster, Gnutella, and Freenet Create a Copyright Nirvana or Gehenna?
William Mitchell Law Review, 27 Wm. Mitchell L. Rev. 1961
This article, which was published when the Napster was still awaiting a Ninth Circuit decision that would ultimately seal its fate, discusses how peer-to-peer sharing makes it difficult to enforce copyright, identify defendants, and determine jurisdiction. While Napster did not last much longer, courts today continue to consider and develop law on the other issues.
Projects
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Appellate Advocacy in the Digital Age — Minnesota CLE — 10th Annual Appellate Practice Institute
Increasingly, appellate judges are reading briefs and other submissions on screens, not paper. Those screens might be large monitors, tablets like iPads, or tiny phones. This session will discuss strategies for drafting documents to most effectively persuade decision makers, regardless of the medium. This session will also examine the legal and ethical implications of judges relying upon their own Internet research.
Other creatorsSee project -
The Internet of Things: Legal Implications of a Connected World – Minnesota CLE
Currently “dumb” devices are becoming increasingly connected — to the Internet and to each other. For example, Internet-enabled thermostats, sprinklers, and door locks can communicate with cloud-based services like If This Then That (IFTTT) — to water lawns based upon the weather, or to automatically unlock doors and pre-heat furnaces when homeowners’ phones reach predetermined GPS thresholds. With such interconnectedness, what are some legal implications and pitfalls? When they malfunction…
Currently “dumb” devices are becoming increasingly connected — to the Internet and to each other. For example, Internet-enabled thermostats, sprinklers, and door locks can communicate with cloud-based services like If This Then That (IFTTT) — to water lawns based upon the weather, or to automatically unlock doors and pre-heat furnaces when homeowners’ phones reach predetermined GPS thresholds. With such interconnectedness, what are some legal implications and pitfalls? When they malfunction, who in the chain of connectedness bears liability? What if a connected device feeds private data to an undisclosed third party? A panel that includes an FTC attorney, the CTO of an IoT company, a law professor, and a litigator will discuss potential legal implications of this ever-expanding Internet of Things.
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Appellate Practice: Electronic Briefs – Brief-Writing for When Judges Will Be Reading the Brief on a Computer Screen
Reading and writing briefs is not what it once was. In an electronic, online age with e-filing, more and more judges are reading briefs on computers and tablet devices. In this program, David Herr and Eric Magnuson will discuss brief writing in the modern world. Also includes a brief update on the new Rules of Civil Appellate Procedure, effective July 1, 2014.
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Negotiating Cross-Border Cloud-Provider Contracts — Minnesota CLE — 2014 International Business Law Institute
Discussed how cloud computing differs from traditional client/server architecture; provide examples of incident management; outline methods of forensic investigation; discuss companies’ ability to negotiate cloud-provider contracts; and provide applicable statutes, caselaw, and legislation that govern cloud computing and cloud storage.
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Standards-Essential Patents (SEPs) — Minnesota CLE — Advanced IP Issues in Contracts
Discussed F/RAND licensing issues, competition law issues, pending legislation, and potential litigation issues.
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Cloud Computing in the Practice of Law — Minnesota CLE
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Cyberbullying — MSBA Children’s Law Section
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Year in Review: Top 10 Tech Law Developments — Minnesota CLE — Computer & Technology Law Institute
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Exploring the most important technology law developments over the past year. Notable areas include privacy, intellectual property, security, licensing, and cloud computing. Discuss the evolving tech law landscape, as well as trends that will likely continue to affect tech law practitioners in the coming year.
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Is Copyright Law in Need of a Digital Makeover? — MSBA Computer & Tech. Law Section
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Computer Fraud & Abuse Act: Not Just for Hackers Anymore? — ABA IP Litig. Roundtable
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Metadata: The Ethics of Glimpsing What Lurks Below the Surface — Minnesota CLE
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Spyware, Adware, and Other Malware — Minnesota CLE
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Full-day Symposium: Entertainment Law in an Information Economy — Organizer
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Lecturer, State Bar Association ND – Federal Practice Seminar
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Digital First Sale Doctrine — HCBA and MSBA — Can you sell your iTunes downloads? Or pass them along when you die?
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Over the past decade, millions of consumers have purchased billions of dollars’ worth of downloaded music, music, and e-books. For CDs, DVDs, and paper books, those consumers can sell those works on eBay — or give them away — under the First Sale Doctrine. But for downloaded goods, consumers’ legal ability to sell (or otherwise alienate) those copyrighted works is murkier. Do purchasers buy those copyrighted works, or do they merely license them? If the latter, then can the consumer lend the…
Over the past decade, millions of consumers have purchased billions of dollars’ worth of downloaded music, music, and e-books. For CDs, DVDs, and paper books, those consumers can sell those works on eBay — or give them away — under the First Sale Doctrine. But for downloaded goods, consumers’ legal ability to sell (or otherwise alienate) those copyrighted works is murkier. Do purchasers buy those copyrighted works, or do they merely license them? If the latter, then can the consumer lend the works? Can they transfer their license to another? Discussed the various legal arguments surrounding digital first sale, as well as current cases that will shape whether consumers’ digital works are “bought,” or merely “rented.”
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Digital Death: What to Do When Your Client Is Six Feet Under but His Data Is in the Cloud — ABA, MSBA, U. Miami, Heckerling Institute
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Discussed how to find, value, and transfer a person's valuable or significant electronic data and other rights and interests in "digital property." Explained the essential steps needed to plan ahead for online accounts, passwords, and encryption, as well as practical estate administration strategies for when a client hasn't planned ahead.
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Technology Options for Nonprofits — Hennepin County Bar Association (LINC)
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Honors & Awards
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Named a “Rising Star” (2010, 2013, 2014, 2015)
Minnesota Law & Politics and SuperLawyers
Languages
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English
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Organizations
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Minnesota Governor's Council on Connected and Automated Vehicles
Co-led Subcommittee on Cyber Security and Data Privacy
- PresentCo-led the working group to advise the Minnesota Governor on current and potential cybersecurity and data-privacy issues related to autonomous vehicles. Our efforts led to an Executive Report, laying the groundwork for changes to state law and policy regarding connected and autonomous vehicles. http://www.dot.state.mn.us/automated/docs/Governor's Advisory Council Connected and Automated Vehicles Executive R....pdf
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Minnesota State Bar Association
Past Chair, Computer & Technology Law Section
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William Mitchell College of Law
Past Adjunct Professor - Advanced Copyright
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Minnesota State Bar Association
Governance Committee
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