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Arbitration Mediation
405

iPhone / iPad Apps for Mediators

I will be presenting “iPad and iPhone Apps for Mediators” on Friday, August 9, 2013 at the Florida Dispute Resolution 21st Annual Conference for ADR Professionals. Thanks to those who attend! I am providing a PDF copy of the Powerpoint which includes: 1.  Tech Recommendations for Mediators and Their Offices …

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4th Amendment
628

A Tinfoil Hat Which Works: “Booster Bag” Is An Anti-Shoplifting Device Under Florida Statute

Make jokes about the paranoid and their tinfoil hats, but the “tinfoil bag” is the real-deal.  Until you stand right in front of the person you’re stealing from. Most retail stores, as you know, have security tower devices which detect when items with tags pass through the front door, sounding …

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4th Amendment
452

Can the Government Compel Your Client to Decrypt a Hard Drive?

The Fourth  & Fifth Amendments and technology continue to collide as law enforcement seeks to compel defendants to unencrypt their computer harddrives.  Can they force your client to hand over the password? We discussed a similar issue in May about whether, under the Fourth Amendment, the Government could inspect the …

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Privacy
460

Boston Bombing: Getting Your News From Internet vs. Television or Print

The recent bombing of the Boston Marathon lead to an unprecedented manhunt which shut down a city and drove a nation to watch the events unfold on live tv. But how “live” was it?   If you were to follow the news hashtags on twitter or listen to the police …

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iOS
2432

Apps for Business Professionals 2013 (Palm Beach Chamber of Commerce)

A special thanks to the Palm Beach Chamber of Commerce for inviting me to speak on June 13, 2013 regarding iPhone and iPad Apps for Business Professionals. If you are interested in attending, the details are here. The presentation material is here (also on the right column of this page …

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E-discovery
2236

Judge Orders Neutral Examiner of Plaintiff’s Facebook Account

Faced with a dispute over whether a defendant hospital was entitled to access to the plaintiff’s Facebook account, a Pennsylvania judge ordered that a “neutral expert” would be given access to search the plaintiff’s Facebook account for photos of her engaging in physical activity and for references to “snow” (due …

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4th Amendment
3266

Can the Government Search Your iPhone or iPad at the US Border?

Can Border Patrol rummage through the contents of your digital camera, laptop, smartphones, etc at the border? Yes, according to several recent cases and a broad exception to the Fourth Amendment (search and seizure). Read “Can They Search Your iPad or iPhone at the Border?” from the May 2013 Palm …

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E-discovery
7295

Defendants Want Social Media, Plaintiffs Want E-Discovery

In civil lawsuits, particularly those involving individuals as plaintiffs and businesses as defendants, lawyers on either side are turning to new discovery tools that they can use against their opponent without much fear of retribution.  Specifically, a defendant seeks a plaintiff’s social media.  Embarrassing and risky for the plaintiff, perhaps, …

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Causes of Action
5348

Sending E-Mails To, Sharing Files With Tourist Does Not Create Florida Jurisdiction

Business travelers and vacationers typically send work-related emails while on the road.  It also is not unusual to share files (or access to files) while traveling.  But can that lead to jurisdiction over you in a wayward state? According to Swanky Apps LLC v. Daren Horning and Roony Invest & …

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law & order
4469

Don’t Bring a Video Game to a Gun Fight

In the aftermath of the Sandy Hook and Gabrielle Giffords’ shooting stories (and hundreds others), the National Rifle Association and other gun proponents have argued that video games are a contributing factor — if not the reason — for gun violence in the United States.  It was suggested by the …

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Defamation
4188

Florida Court Holds Threat on Facebook to be “Sent” to Victim

In Timothy Ryan O’Leary v. State of Florida, the First District held that Defendant’s threat of bodily harm posted to his Facebook page was “sent” under Florida Statute 836.10 (“Written Threats to Kill or Do Bodily Harm”) because it was viewed by Defendant’s Facebook friend who was a family member …

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Social Media
2847

Palm Beach Judge Sasser Rules on Social Media Discovery

  In a slip-and-fall personal injury action, Palm Beach County Circuit Court Judge Meenu Sasser entered a January 29, 2013 Order Sustaining Plaintiff’s Objections to Social Networking Discovery. Judge Sasser’s 11-page opinion enters the fray among other trial and intermediate appellate court opinions on the discoverability of social media information. …

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law & order
3256

US Memo on Drone Strikes vs. Al-Qaida Memo on How to Avoid Them

A bit off topic of Internet law, the discovery by the Associated Press of an Al Qaida memorandum on how to avoid detection/death from American drones is a technology story worth discussing.  The news coverage on this has been bleak. On the other hand, there has been plenty of coverage …

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E-discovery
5211

2013 Florida E-Discovery Seminar

Special thanks to the Palm Beach County Bar Association for hosting the CLE, 2013 Florida E-Discovery Seminar.   This seminar discusses: 1.  Top Ten Things to Know About E-Discovery (from Chin to Zublake, Litigation Hold Letters to Predictive Coding) 2.  New Florida E-Discovery Rules (SC11-1542) 3.  Sample Litigation Hold, Responses, …

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Social Media
4701

Social Media Policy: You’re Probably Doing It Wrong

Countless lawyers and HR professionals bravely set out to craft social media policies without having critical tools: a true working knowledge of social media, a clear direction, common sense, and an up-to-date knowledge of what is allowed by law.   Don’t trust the lawyer-with-a-facebook-account nor should you task the youngest …

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