1st Amendment

Christopher Hopkins discusses First Amendment & Social Media at University of Miami Law School

A special thanks to professor Jan Jacobowitz for inviting me to speak about the First Amendment and Social Media as part of her Social Media and the Law class at the University of Miami Law School. Some of the cases we covered include: Elonis v US US v Elonis In …

Ethics

Legal Ethics (presented by Christopher Hopkins) at NBI Estate Administration Boot Camp

A special thank you to NBI for inviting me to speak about legal ethics at their “Estate Administration Boot Camp” in Hollywood, Florida this year. There is still time to register or get the audio CLE, here. Some (unusual) ethical issues we covered: Statistics on Florida Bar disciplinary actions (what …

Privacy

Application of Law to Emerging Technology (at Florida Atlantic University)

Thanks to Professor Larry Buck for inviting me to speak to his Law in the Real World class  at FAU about the Application of Law to Emerging Technology. We discussed several cases and scenarios where lawyers and judges are called upon to apply longstanding legal principles to emerging technologies, such …

Data Breach

Accessing Someone Else’s Facebook Account in Florida is a Crime

Relying upon a statute which has been amended twice since 1978, it is a crime in Florida to access someone else’s social media account without their authorization.  This likely happens dozens of times a day in this state, likely as a joke or a prank, which have or could lead …

E-discovery

Social Media Discovery in Florida After Nucci v. Target

Litigators and the courts continue to put heavy emphasis on social media discovery but, surprisingly, the case law has not significantly developed in Florida (or really around the country) since the 2015 case of Nucci v. Target.  However, the few cases that have arisen in the last two years are …

E-discovery

“Social Media Discovery – Case Law Update & Strategies” – Florida Tech CLE at Palm Beach Bar presented by Christopher Hopkins

This one hour session, which you view live or via web (even after the fact), explains the key published opinions in Florida regarding social media discovery.  In addition to that, attendees will see the discovery requests which worked AND failed as well as obtain samples of up-to-date discovery requests.  Finally, …

1st Amendment

Can Your Clients Be Convicted for Threats on Social Media?

A Florida high school student posted online, “Can’t WAIT to shoot up my school.”  “It’s time” and “School getting shot up on a Tuesday.” He was arrested for violating Florida Statute 836.10 (“written threats statute”).  Then he was convicted.  But the appellate court reversed. You can read the Florida Second …

E-discovery

Christopher Hopkins Speaks on Social Media Discovery CLE in Palm Beach (Earn Florida Technology CLE points via Web)

Interested in earning some Technology CLE points in Florida? Sign up for this January 24, 2017 CLE — possibly one the first CLEs in the State to offer Tech CLE points. AND… you don’t even have to attend in person.  Live or via Web. In one hour we will cover: All …

Evidence

First DCA Finds Facebook Posts by Florida Lawyer about Trial to be “Outside the Bounds of Professional Conduct”

The case of David Edward Boyles v. Dillard’s, Inc. from Florida’s First District Court of Appeal is a mixed bag of issues involving Daubert, evidence, voir dire, closing argument, and alleged attorney misconduct during trial. Notable, from a legal/technology standpoint, is this somewhat cryptic final sentences from the Opinion about …

Data Breach

Can a Court Order Someone to Stay Off Your Website? (Facebook v. Power Ventures says yes)

In Facebook v. Power Ventures, Inc. et al., the Ninth Circuit held that it was a violation of the Computer Fraud and Abuse Act of 1986 for the defendant to continue to access Facebook’s site after receiving a cease and desist letter from Facebook: “a defendant can run afoul of …

Social Media

ISIS in Florida

Were you aware of a South Florida teenager who became a suicide bomber? Did you know a man from the Keys who shot a terrorist video? How about the Gainesville man who shot at police in the name of ISIS? Had you heard of the Florida woman who filed a lawsuit against …

1st Amendment

Christopher Hopkins “Anatomy of an Internet Defamation Case” at University of Miami Law School

I am pleased to discuss “Anatomy of an Internet Defamation Case” with Professor Jan Jacobowitz‘s Social Media & the Law class at the University of Miami Law School. In this presentation, we briefly discuss Elonis v. United States and we analyze the claims, defenses, and potential strategies of a pending …

E-discovery

New York Court Horses Around With Facebook Discovery (Forman v. Henkin)

The recent December 17, 2015 opinion in Kelly Forman v. Mark Henkin (NY Appellate Div., First Dept. 2015), provides an otherwise unremarkable discovery opinion except for the dissent, which argues that New York courts are imposing a higher burden on social media discovery.   This has led to a fair amount …

1st Amendment

Injunction for Cyberstalking in Florida Reversed

During the May 2014 Billboard Music Award show, a hologram of Michael Jackson wowed the crowd as he/it performed the song, “Slave to the Rhythm.”  You can see the performance here. Lawsuits regarding the hologram arose between two companies involving patent and business tort disputes.  According to the allegations, Alkiviades David, …

Ethics

LinkedIn Profiles – What Should New York and Florida Lawyers Do?

According to a recent study, 42% of Florida lawyers used LinkedIn for professional purposes.  An ABA study suggests 90% of firms of all size have a LinkedIn profile. Two helpful but conflicting ethics opinions regarding lawyers’ use of LinkedIn have come from the New York City Bar (“NYC Bar”) and …