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Agnieszka McPeak, J.D.

Agnieszka McPeak

Associate Professor of Law
School of Law
Law

Room 327, Hanley Hall
Phone: 412.396.6185
mcpeaka@duq.edu

Education:

J.D., Tulane University Law School
B.A., University of California at Santa Cruz
Bio

Agnieszka McPeak, associate professor of law at Duquesne University School of Law, studies all things law and technology. She has written about the scope and shortcomings of social media discovery, lawyer ethics in the digital age, platform immunity, and tort liability in the sharing economy. Her articles have appeared in the Wisconsin Law Review, Wake Forest Law Review, Connecticut Law Review, and Arizona State Law Journal, among others. Her work has been cited in several legal opinions, including a recent decision by the highest court of New York redefining the scope of civil discovery of social media content. She has been quoted in Fortune, Bloomberg Law, Buzzfeed News, and other popular media. 

Before joining the Duquesne Law faculty, McPeak taught at the University of Toledo College of Law and Loyola University New Orleans College of Law. In her pre-academia life, she practiced complex commercial litigation in New Orleans and, prior to law school, negotiated translation rights for a computer book publisher in the San Francisco Bay Area. She holds a J.D., magna cum laude, from Tulane University Law School and a B.A., with honors, from University of California at Santa Cruz. 

McPeak is a political refugee from Poland who came to the United States as a child. Her first permanent home in the U.S. was in Pittsburg, Calif. She now proudly calls Pittsburgh, Pa., her new home, in part because it shares her love of pierogies.

Courses

FALL 2018
Professional Responsibility (01)
Torts I (01, 02)

SPRING 2019
Torts II (01, 02)
Social Media Discovery (61)

FALL 2019
Professional Responsibility (01)
Torts I (01)

Honors/Professional Affiliations

Louisiana State and Federal Courts, 2007 - Admitted, Inactive

Scholarship

Articles

Self-Destruct Apps: Spoliation by Design?

Agnieszka McPeak, Self-Destruct Apps: Spoliation by Design?, 51 U. Akron L. Rev. 749 (2017).
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3126320

Disappearing Data

Agnieszka McPeak, Disappearing Data, 2018 Wis. L. Rev. 17. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3078918

Regulating Ridesharing Platforms through Tort Law

Agnieszka McPeak, Regulating Ridesharing Platforms through Tort Law, 39 U. Hawaii L. Rev. 357 (2017). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2995176

Social Data Discovery and Proportional Privacy

Agnieszka McPeak, Social Data Discovery and Proportional Privacy, 65.1 Cleveland State L. Rev. 59 (2017). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2904849

Sharing Tort Liability in the New Sharing Economy

Agnieszka McPeak, Sharing Tort Liability in the New Sharing Economy, 49 Conn. L. Rev. 171 (2016). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2776429

Social Media, Smartphones, and Proportional Privacy in Civil Discovery

Agnieszka McPeak, Social Media, Smartphones, and Proportional Privacy in Civil Discovery, 64 U. Kan. L. Rev. 235 (2015). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2587495

Avoiding Misrepresentation in Informal Discovery of Social Media Data

Agnieszka McPeak, Avoiding Misrepresentation in Informal Discovery of Social Media Data, 17 SMU Sci. & Tech. L. Rev. 581 (2014). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2656622

Social Media Snooping and its Ethical Bounds

Agnieszka McPeak, Social Media Snooping and its Ethical Bounds, 46 Ariz. St. L.J. 845 (2014) (reprinted in Volume 64 of Defense Law Journal (2015)). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2522541

The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data

Agnieszka McPeak, The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data, 48 Wake Forest L. Rev. 887 (2013). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2246990

Presentations

Reconciling Social Media and Professional Norms for Lawyers, Judges, and Law Professors

Agnieszka McPeak, Reconciling Social Media and Professional Norms for Lawyers, Judges, and Law Professors, presentation at #TwitterLaw Symposium, University of Idaho Law Review (April 5, 2019).

Net Neutrality and Practical Issues for the Pittsburgh Region

Agnieszka McPeak, Net Neutrality and Practical Issues for the Pittsburgh Region, presentation at The Net Without Neutrality: Economic, Regulatory, and Informational Access Impacts, Pitt Law Review Symposium (March 1, 2019).

Harnessing Technology for Effective Advocacy

Agnieszka McPeak, Harnessing Technology for Effective Advocacy, CLE at ACBA Federal Courts Section (February 15, 2019).

The Ethics of AI

Agnieszka McPeak, The Ethics of AI, presentation at Toledo Law Review Symposium: The Role of Technology in Professional Advice (October 12, 2018).

Deepfakes and Civil Discovery Challenges

Agnieszka McPeak, Deepfakes and Civil Discovery Challenges, presentation at Toledo Law Review Symposium: The Role of Technology in Professional Advice (October 12, 2018).

Reconciling Social Media Norms and Professional Norms

Agnieszka McPeak, Reconciling Social Media Norms and Professional Norms, presentation at Three Rivers Tech and IP Colloquium, Duquesne University (January 26, 2019).

Rethinking Platform Immunity under Section 230

Agnieszka McPeak, Rethinking Platform Immunity under Section 230, presentation at AALS Annual Meeting (January 5, 2019).

Rethinking Platform Immunity under Section 230

Agnieszka McPeak, Rethinking Platform Immunity under Section 230, presentation at FutureLaw Conference at Duquesne University (November 9, 2018).