Privacy

Florida Wiretap Act — Reasonable Expectation of Privacy in Someone Else’s House? (Smiley v. Florida)

Corey Smiley was at someone else’s home with an invitation when the discussion turned argumentative, and the other person “began recording the argument on her cell phone… position[ing] the phone in front of Smiley’s face… Smiley questions her about the recording and grabs the phone…” He later was arrested and …

Data Breach

Christopher Hopkins Presents Keynote Cybersecurity Presentation at Florida Dispute Resolution Conference

Special thanks to the Florida Dispute Resolution Center and the 1,000+ attendees at this year’s ADR: Options and Opportunities (27th annual) Conference. My keynote address covered various forms of cybersecurity risks (not just for mediators) including phishing, spearfishing, WiFi Pineapple man in the middle attacks, DDOS attacks, physical attacks, and …

1st Amendment

Three Steps to Understanding Why Government Officials Cannot Block Users on Social Media (Knight First Amendment Institute et al. v. Donald J. Trump et al.)

There is some confusion about the recent Second Circuit opinion as to how, on a private social media platform, a government official, using a personal account, cannot block other users. The following three step process should lead just about everyone to understand the outcome. The case is Knight First Amendment …

Internet

When You See People Trying to Sue a Social Media Platform Because Their Account Was Suspended, It’s a Stunt (lessons of the CDA & Brittain v. Twitter)

A number of politicians, activists, and others who feel aggrieved after their Twitter, Facebook, Instagram, and/or YouTube content has been removed or their accounts suspended have taken to the courts to sue the social media platforms with claims that they are being singled out, muzzled, or their free speech is …

Injunction

Casual Sexual Relationships and Florida’s Injunction Against Dating Violence (versus other injunctions)

When seeking an injunction in Florida to prevent someone from contacting you, pay careful attention to which statute best applies. This is the (unfortunate) lesson of Tyler Sumners v. Lindsey Thompson. After meeting on Craigslist, the parties had a four year consensual sexual relationship punctuated by periods of time when …

Ethics

Christopher Hopkins Speaks at NBI “Estate Administration From Start to Finish”

Thanks to National Business Institute (NBI) for permitting me to speak at “Estate Administration From Start to Finish” on May 16, 2019 in West Palm Beach, Florida. I’ll be covering “Commencement of Proceedings and Information Gathering” as well as the closing hour, “Estate Ethics.” Of note, the section in the …

1st Amendment

“Valid Grounds for Employment Action” Deemed Not Enough for Stalking Injunction under F.S. 784.048 (Klenk v. Ransom)

Florida’s First District Court of Appeal held today that a respondent’s behavior may be enough for an “employment action” (presumably, for termination due to sexual harassment) but, in this case, was not enough for the “exacting standard” for an injunction against stalking under Florida Statute 748.048. The case is Joseph …

Clauses from Contracts

Another Exculpatory Clause Fails Under Florida Law (Fresnedo v. Porky’s Gym III)

To bind a customer or business partner to a liability waiver in a contract, using what is called an “exculpatory clause,” requires specific contract-drafting skills. This is a lesson which the (apparently now closed) business learned in Lazaro Fresnedo v. Porky’s Gym III, Inc. In the Fresnedo case, the majority …

Data Breach

Is Your PC Keeping Your Information Private? Take This 10-Question Quiz

A law firm was behind that largest hack in history. How safe is your desktop or laptop PC? For both home and work, this article presents 10 questions in a quiz format about your security and privacy practices. The article also includes the steps how to find the answers — …

Palm Beach

Palm Beach Bitcoin Case Heats Up With Plaintiff Deposition, Discovery Memo, and Hearing this Week (Est. of David Kleiman v. Craig Wright)

We have been following the bitcoin lawsuit pending down the street at the federal courthouse in West Palm Beach between the Estate of David Kleiman and W&K Defense Research, LLC, on the one hand, and Craig Wright, on the other. Bitcoin enthusiasts believe that Kleiman and/or Wright may either be …

Data Breach

U.S. v. Yujing Zhang — April 8, 2019 Filing of Passport, Articles, Receipt, Ad for Mar A Lago event

The unusual case of U.S. v. Yujing Zhang continues in the federal courthouse in West Palm Beach, Florida. On the same day as a well-covered April 8 pre-trial detention hearing, the Defendant filed a number of documents: Two (?) passports and a visa; Receipt; Article (translated): “Trump said he is …

1st Amendment

Applying “Old” Laws to New Technology: Smartphones, Recordings, Privacy (at FAU)

Special thanks to attorney / instructor Larry Buck for inviting me to speak to his Florida Atlantic University “Law in the Real World” honors class about my practice, particularly how we apply traditional laws to new, emerging technologies. We discussed: drone regulation First Amendment and social media (US v. Hobgood, …

4th Amendment

Can A State Search Cellphone of Person on Probation Without Warrant or Probable Cause? (Florida v. Mark Leroy Phillips, Sr.)

Florida’s Fifth District Court of Appeal considered the question whether, under the Fourth Amendment, the State of Florida could search the cellphone of a man on probation for child abuse convictions (and who was a registered sex offender) when there was no warrant or reasonable suspicion. The court, in Florida …

1st Amendment

Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Arbitration Mediation

Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …