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NBlack
I have a blog that focuses on legal issues of interest to NY lawyers: <A href="www.nylawblog.typepad.com">Sui Generis--A New York Law Blog</A>
Recent Activity
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Pokemon Go: It’s Here And Law Enforcement Needs To Be Aware Of It Pokemon Go. You’ve heard about it but likely have no idea what it is or why so many people are wandering around in circles in front of statues babbling about gyms, Pokestops, and “powering up.” Here’s the low down. It’s an augmented reality smartphone app that was released in the United States a little over a week ago and since that time it’s been downloaded more than twice as many... Continue reading
Posted Jul 15, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Supreme Court Of New Mexico On Judges Using Social Media Judges and social media: according to most judicial ethics commissions, it’s a dicey proposition that doesn’t always work out well for judges. As I’ve discussed in past columns, more often than not, judges are chastised by judicial ethics commissions for their online interactions. In many cases, the conclusions are based on knee jerk reactions to “newfangled technology” and are grounded in an inherent misunderstanding of the nature of online platforms and interactions. Such... Continue reading
Posted Jun 28, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Regular readers of my column know that every summer I work on the annual update to the book, Criminal Law In New York, which I co-author with Judge Karen Morris. During the course of my research for the update, I read thousands of criminal law cases handed down over the past year with an eye toward locating those holdings that affect substantive issues relating to the Penal Code. And, given my passion for the intersection of law and technology, I also take an... Continue reading
Posted Jun 23, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and technology in this column. But occasionally I come across an issue or case unrelated to technology that merits further comment. Edwards v. Nicolai, 160830/13, a New York County Supreme Court decision, is just such a case. At issue in this case was whether the plaintiff’s claims alleging gender discrimination could survive a motion to dismiss. The plaintiff alleged that because she... Continue reading
Posted Jun 22, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and technology in this column. But occasionally I come across an issue or case unrelated to technology that merits further comment. Edwards v. Nicolai, 160830/13, a New York County Supreme Court decision, is just such a case. At issue in this case was whether the plaintiff’s claims alleging gender discrimination could survive a motion to dismiss. The plaintiff alleged that because she... Continue reading
Posted Jun 22, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Another knee-jerk reaction to technology — this time in California California legislators and court officials are taking a stand. It’s a murky, misguided one, lacking in common sense, but it’s a stand nonetheless. It’s a stand against progress, the Internet, and the looming threat of this newfangled thing called social media. And they’re going to win this fight, no matter what the cost to the jury and judicial system. At least, that seems to be their end goal, but I could be wrong.... Continue reading
Posted Jun 14, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Facebook, privacy settings and spoliation Once again, social media and the law collide, this time in the Western District of New York. In March, United States Magistrate Judge Marian Payson handed down a decision in Thurmond v. Bowman, 2016 WL 1295957 addressing allegations that the plaintiff should be sanctioned for spoliation after revising the privacy settings to her Facebook account. Two interesting issues were addressed in this case, which arose from claims that the defendants violated the Fair Housing Act and other statutes... Continue reading
Posted Jun 10, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Every year, as I work on the annual update to the book, Criminal Law In New York, which I co-author with Judge Karen Morris, I take notice when I come across cases where social media and criminal law intersect. People v. Lemons, 2016 WL 1735472, which was pointed out to me by my fellow Daily Record columnist Scott Malouf, is just such a case. At issue in People v. Lemons is whether actions taken by the defendant using the social media platform Instagram... Continue reading
Posted Jun 6, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** New York Bar seeking to require lawyers to be more tech-savvy In 2012, the American Bar Association amended the comments to Model Rule 1.1 to include the requirement that lawyers “should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” (Emphasis added). Since that time, more than 20 states have followed suit and... Continue reading
Posted Jun 3, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** It’s been a long road for New Jersey attorney Ekaterina Schoenefeld, who has, for years now, sought to practice law in New York without maintaining a physical office in the state. Her attempt to overturn New York’s “bonafide office” rule was, after multiple appeals, proven to be unsuccessful by the Second Circuit Court of Appeal’s decision in Schoenefeld v. Schneiderman, Docket No. 11‐4283‐cv. In this decision, which was handed down on April 22nd, the Court rejected her arguments in favor of invalidating the... Continue reading
Posted May 31, 2016 at Sui Generis--a New York law blog
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Next week on May 9th I'll be in NYC with MyCase and the ABA. I hope you can join me to celebrate Law Day--with a focus on the importance of the Miranda decision and preserving our constitutional rights--at an event hosted by MyCase at NASDAQ in Times Square! Please join me on Monday May 9th from 5:30-8pm for: An Open Bar and passed apps overlooking Times Square Presentation from ABA President Paulette Brown Networking with legal colleagues at NASDAQ Marketsite - 4 Times Square Reserve your spot here. Continue reading
Posted May 3, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** New Jersey Court On Ethical Implications Of Lawyers Mining Social Media I’ve written many times in the past about how lawyers can ethically mine social media for evidence to support their clients’ cases. A number of ethics committees have already addressed this issue and most recently, the New Jersey Supreme Court considered whether the head of the state’s attorney disciplinary body could prosecute the lawyers for their agent’s alleged Facebook spying on their client’s adversary while litigation was pending, despite a local disciplinary... Continue reading
Posted Apr 29, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Lawyers and Social Media in 2016 Social media has been part of our daily lives for nearly a decade. At first, many lawyers were skeptical, believing that social media offered little value to their practices. But over the years, as social media has enmeshed itself into our culture, the effects of it upon our day-to-day lives is indisputable. Social media impacts both our personal and professional lives, a fact that many lawyers are finally accepting. That’s why lawyers are increasingly acknowledging the importance... Continue reading
Posted Apr 28, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Oracle v. Google: Judge begrudgingly permits online research of jurors In a recent Order issued in Oracle v. Google, No. C 10-03561 WHA, United States District Court Judge for the Northern District of California, William Alsup, had a lot to say about lawyers using social media to research jurors—and none of it was very positive. His viewpoint on this practice was made all too clear in the first sentence of his Order: “Trial judges have such respect for juries — reverential respect would... Continue reading
Posted Apr 14, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** NY judge weighs in on whether ‘tagging’ violates order of protection Social media permeates every aspect of our lives so it’s not surprising that online interactions can sometimes trigger criminal prosecutions. That’s why, in the past I’ve discussed how social media and other online communications can constitute aggravated harassment or violate pending orders of protection. That’s exactly what occurred in People v. Gonzalez, Case No. 15-6081M. This decision was handed down by Westchester County Supreme Court Justice Susan Capeci in January of this... Continue reading
Posted Apr 12, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Defining "Social Media" For Probationers It seems lawyers can’t escape social media, no matter how hard we try. As I’ve written about previously, social media is now being used as evidence in cases, lawyers are using it to research jurors, and people are being charged with crimes relating to their actions taken using social media. And once those individuals are convicted, many of them are placed on probation and their use of social media is often limited by the terms of their probation.... Continue reading
Posted Apr 7, 2016 at Sui Generis--a New York law blog
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Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** Prosecutors, social media evidence, and ethics On many occasions I’ve written about the importance of understanding your ethical obligations when mining social media for evidence. This duty is particularly important when it comes to prosecutors. After all, their actions can affect the constitutional rights of those accused of crimes and the interests of those against whom crimes have alleged to have been committed. This is an issue that is becoming increasingly relevant now that social media is commonplace. When social media first emerged... Continue reading
Posted Apr 5, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "Guidelines Issued On Jurors And Social Media For New York Courts." My past Daily Record articles can be accessed here. *** Guidelines Issued On Jurors And Social Media For New York Courts Last year the Social Media Committee of the New York State Bar Association’s Commercial and Federal Litigation Section issued Guidelines that addressed the ethics of lawyers using social media. You may recall that I wasn’t sold on the necessity of such a lengthy report addressing what I believe is a relatively simple concept: online conduct is simply an extension of offline... Continue reading
Posted Mar 17, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "When You're Snowed In, It's Business As Usual In The Cloud." My past Daily Record articles can be accessed here. *** When You're Snowed In, It's Business As Usual In The Cloud In past columns, I’ve discussed the many benefits of cloud computing, including convenience and flexibility, 24/7 access to client data from anywhere, affordability, simplicity, and the ability to eliminate IT staff and software management requirements. Another important benefit of cloud computing is that it provides offline back up for your law firm’s files—something that comes in handy when your firm faces... Continue reading
Posted Mar 14, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "Another Judge Allows Service Via Facebook." My past Daily Record articles can be accessed here. ***** Another Judge Allows Service Via Facebook Social media has permeated all aspects of our lives. Whether it’s news breaking on Twitter, professionals connecting on LinkedIn, people sharing momentous occasions on Facebook, or other simply sharing their latest meal on Instagram, it’s hard to escape the effects of social media. That’s why it’s not surprising that social media is increasingly cropping up in the practice of law, whether it’s mining social media for evidence in litigation, researching jurors... Continue reading
Posted Feb 23, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "Colorado Bar on connecting with judges and researching jurors online (Part 1)." My past Daily Record articles can be accessed here. *** Colorado on connecting with judges and researching jurors online Last week I covered the first part of an opinion issued by the Colorado Bar Association Ethics Committee, Formal Opinion 127. I discussed the Committee’s conclusions regarding lawyers mining social media for evidence and then promised to address the second half of the opinion this week. So, today I’ll be covering the portion of the opinion where the Committee discusses whether it’s... Continue reading
Posted Feb 16, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "Colorado Weighs In On Researching Social Media For Evidence (Part 1)." My past Daily Record articles can be accessed here. *** Colorado Weighs In On Researching Social Media For Evidence (Part 1) In November 2015, the Colorado Bar Association Ethics Committee issued an in depth and well-reasoned opinion covering many of the ethical issues lawyers encounter when trying to use social media to investigate their clients’ cases. Because Formal Opinion 127 addresses so many different topics, I’ll cover the Committee’s conclusions regarding how to ethically mine social media for evidence in this article.... Continue reading
Posted Feb 9, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "New York City Bar on Lawyers and LinkedIn." My past Daily Record articles can be accessed here. *** New York City Bar on Lawyers and LinkedIn In December 2015, The Association of the Bar of the City of New York Committee on Professional Ethics addressed the issue of whether the use of LinkedIn by attorneys constitutes attorney advertising. While I agree with the committee’s conclusions (which I discuss below) and the overall approach toward the application of the ethical rules to attorneys using LinkedIn, my general sense of positivity toward Formal Opinion 2015-7... Continue reading
Posted Jan 14, 2016 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "2015 Holiday Gift Guide For Lawyers." My past Daily Record articles can be accessed here. ***** Last week I offered my recommendations for holiday gifts for the lawyer in your life. Today, I’m taking a different tack. I’m going share my favorite tech and gadgets that I’ve discovered over the past year and tell you exactly why I like each one so much and how I use it. First, there’s Amazon Prime. How I love thee. For just $99 per year you get free 2-day shipping on many Amazon items. For someone like... Continue reading
Posted Dec 15, 2015 at Sui Generis--a New York law blog
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This week's Daily Record column is entitled "2015 Holiday Gift Guide For Lawyers." My past Daily Record articles can be accessed here. ***** 2015 Holiday Gift Guide For Lawyers Now that Thanksgiving is a thing of the past, you know what that means. It’s time to start buying holiday gifts! Here are some ideas for the lawyers in your life. First, consider the Amazon Echo, Amazon’s voice recognition device that was released earlier this year. Echo is an important development in the next stage of voice recognition software, in part because with all of its smart home integrations, it created... Continue reading
Posted Dec 10, 2015 at Sui Generis--a New York law blog