The question about bloggers-using-images-from-the-internet is by no means a new debate but the latest log on this fire is Russell Brammer v. Violent Hues Productions, LLC (E.D. Va. June 11, 2018). This case, which is now on appeal, certainly comes to the aid of bloggers, website owners, and social media …
On May 29, 2018 the U.S. Supreme Court issued a case involving a Fourth Amendment search of a motorcycle parked on the curtilage of a home. In Collins v. Virginia (8-1), SCOTUS held that a motorcycle parked in an enclosed area of a driveway was within the curtilage of the …
A federal judge in the Southern District of New York has issued a 75-page Memorandum and Order concluding that President Trump cannot block Twitter users because aspects of his @realdonaldtrump account is a government-controlled forum and Trump’s viewpoint-based exclusion of the plaintiffs from that designated public forum is proscribed by …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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