Domingo Rivera's Blog

Summary Judgment - Federal Computer Trespass Case - Attorney Domingo Rivera

2011-03-31T20:40:00.000-07:00

Domingo J. Rivera recently obtained summary judgment in a case involving an ex-husband accessing his wife's email and social network accounts without authorization. There has been some discussion in the news about a Michigan man that criminally charged with with accessing his wife's computer accounts. Some commentators have argued that utilizing the computer hacking statutes to prosecute these acts is overreaching, but so far, the courts have provided little guidance on this issue.

Many Federal and State computer crime statutes provide not only criminal, but also civil remedies for the victims. Recently,attorney Domingo Rivera handled one of these civil cases. As is the case for many pioneering cases handled by attorney Domingo Rivera, this was a case that other attorneys expressed doubt about and that opposing counsel openly minimized. In this case, the opposing party claimed that the divorce property settlement agreement barred our client's claims and filed a counterclaim against our client for breach of the agreement. We also obtained summary judgment dismissing this claim against our client.

The Court not only agreed with the legal argument advance by attorney Domingo Rivera, but also granted summary judgment. Obtaining summary judgment means that we prevailed as a matter of law and that a trial to establish liability was not necessary.

Domingo Rivera obtains the first Federal "music piracy" jury trial acquittal

2010-03-19T22:39:00.000-07:00

Earlier today, after a five-day trial, a Federal jury returned a not guilty verdict in the matter of U.S. v. Adil Cassim, who was represented by Domingo Rivera.

The USDOJ had issued a press release stating:

"Four Members of Alleged Internet Music Piracy Group Charged with Copyright Infringement Conspiracy

Four individuals were indicted today by a federal grand jury in the Eastern District of Virginia with conspiracy to commit copyright infringement for allegedly obtaining and illegally releasing copyrighted music.

Adil R. Cassim, 29, of Granada Hills, Calif.; Bennie Glover, 35, of Shelby, N.C.; Matthew D. Chow, 28, of Missouri City, Texas; and Edward L. Mohan, II, 46, of Baltimore, were charged in the one-count indictment with being high-level members of the music piracy group known as "Rabid Neurosis" or "RNS," which operated from at least 1999 to 2007. According to the indictment, the defendants, led by Cassim for a period of time, allegedly conspired to illegally upload to RNS thousands of copyright protected music files, which were often subsequently reproduced and distributed hundreds of thousands of times.

According to the indictment, RNS was a "first-provider" or "release group" for pirated music and other content to the Internet. Once a group obtains and prepares infringing digital copies of copyrighted works, the copies can then be distributed in a matter of hours to secure computer servers throughout the world. According to the indictment, RNS members were granted access to massive libraries of pirated music, video games, software and movies by gaining a reputation for providing previously unavailable pirated materials. The indictment alleges that t he supply of pre-release music was often provided by music industry insiders, such as employees of compact disc (CD) manufacturing plants, radio stations and retailers, who typically receive advance copies of music prior to its commercial release.

The indictment also alleges that members of RNS, including Glover, illegally procured some of the music the group illegally released before its commercial release date from a CD manufacturing plant in North Carolina. Other members of RNS, including Mohan and Chow, allegedly purchased CDs from retail stores shortly after their commercial release and posted them to the Internet before other piracy groups were able to do so.

If convicted, defendants face a maximum sentence of five years in prison, a $250,000 fine and three years of supervised release, as well as possible orders of restitution.

In addition to the four defendants charged in the indictment, two additional individuals allegedly involved with the group were each charged by criminal information with one count of conspiracy to commit copyright infringement: Patrick L. Saunders, 30, of Brooklyn, N.Y., was charged on Aug. 14, 2009; and James A. Dockery, 39, of Mooresboro, N.C., was charged Sept. 8, 2009. Saunders pleaded guilty on Sept. 8, 2009, before U.S. District Court Judge Gerald B. Lee in the Eastern District of Virginia and is scheduled to be sentenced on Dec. 4, 2009, at 9:00 a.m.

The case is part of a multi-year federal investigation of organized piracy groups responsible for the illegal distribution of significant amounts of copyrighted movies, software, games and music through the Internet. The investigation of music piracy groups was led by agents from the FBI’s Washington Field Office-Northern Virginia Resident Agency.

The case is being prosecuted by Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia and Trial Attorney Tyler G. Newby of the Criminal Division’s Computer Crime and Intellectual Property Section.

An indictment is merely a formal charge by the grand jury. Each defendant is presumed innocent of such charges unless and until proven guilty in federal court."

More news on this case and on other computer crime defense cases to follow on Domingo Rivera's Internet Law Blog.

The Impersonators, the careless, and the stalkers of Domingo Rivera

2008-10-07T14:07:00.000-07:00

In the business of Internet law, particularly when handling Internet defamation legal matters, you encounter an unbelievable cast of characters. I can only think of criminal defense and domestic relations as the only practice areas that could get more bizarre, but who knows.

In any event, to the impersonators. Recently there have been a rise in lawyer impersonators, some of them even claiming to be Domingo Rivera. These characters are sending certain short and sweet cease and desist notices to other people. These letters are just that, short. Since most of these letters concern defamation or Internet legal matters, I will describe them in more detail in the Internet Law Blog.

Which brings us to the second group. On my way to learning the ropes and growing as a lawyer, I had the opportunity (and sometimes the misfortune) to work with law firms of all sizes and types. I have been part of the small firms, the mid-sized boutiques, the specialty litigation firms, and even one of the five largest law firms in Virginia. Some past affiliations make you proud realizing that you were trained by the best. Others, well let's say there is room to learn in all kinds of places, even if you learn what not to do. What does this have to do with the careless or are you simply getting out of subject, you may ask.

Well, the only thing that wories me more than poor quality lawyer impersonators on the Internet is actual law firms with good search engine rankings claiming that Domingo Rivera, yours truly, works for them. Not only do I work for them, but I am all of a sudden a Massachussetts divorce lawyer. For those who do not know me, I live in Virginia and, in fact, have never been to Massachussetts, but I digress.

Since they say a picture is worth a thousand words, here it is:

I know, there could be another Domingo Rivera who is actually a Massachussetts lawyer. I thought about that and decided to investigate further.... and I found MY BIO! Here it is:

Well, unless this Domingo Rivera also has a degree in Electrical and Computer Engineering, an M.B.A., and worked for the Department of Defense... I know exactly what happened here. Somebody did a mighty copy/paste and forgot to change the important stuff. If that is a reflection of....

Now to the third and most interesting ones, the stalkers. When you are an attorney, you can be sure of one thing: if you do your job right the opposing party will probably dislike you. Most people eventually grow up and understand that, just like them, I have to do my job to the best of my abilities. If my client has an edge, I will take it. It is my ethical and professional duty to zealously represent my client. Some take it personal... then some get creepy. Again, let the pictures do the talking.

So what is wrong with the picture you may ask. The not so smiley individual is, yours truly, Domingo Rivera. The name, not mine. No I am not into molotovs and overtuned cars. A good therapist, anyone? In the meantime, here is some more:

I guess he thinks its "cute" to use my picture on his profile, or maybe he wishes to be me. I never saw myself in a "like Mike" fashion, but with law firms wishing that I worked for them and others trying to look like me, maybe I'm up to something here. And the cease and desist letters....

Well, this post was an attempt to see the situation in a positive light. To the third one, it will be funny until you fully get my attention and a trip HERE. Keep up the good work!

Domingo Rivera Blog

2008-09-16T12:37:00.000-07:00

I created this blog to discuss topics that I may find interesting, a few of which may be related to law. This is different from my Internet Law Blog, in which I attempt to discuss legal issues related to the Internet in a more meaningful manner. If you wish to read more about these matters, please visit my Internet law website. Otherwise, please read on. However, please remember that the information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your individual legal issue. This blog is purposely not written in my capacity as a lawyer.

You may contribute or contact me and I certainly welcome your calls, letters and e-mail. In the event that you contact me to discuss any legal matter or anything else found on this website, such contact does not create an attorney-client relationship. Please do not expect answers to legal matters on this website, as that is not the purpose of this blog.

If you wish to contact me to discuss any legal matters, you may fill out my website contact form, or call the number listed on the website. Thank you.