Mother of a 4-Year Old File Challenge to Florida Dept of Health’s Medical Marijuana Rule
Nine days after the Florida Department of Health’s Rule Hearing on proposed Rule 64-4.001-.009, the mother of a four year old girl has filed a Rule Challenge with the court. The Department had recently filed a Revised Statement of Estimated Regulatory Costs (SERC). The Petition was filed March 11, 2015. In Dahlia …
U.S. v. Elonis — U.S. Supreme Court’s Facebook Case
A former amusement park employee’s Facebook posts may prove wrong most federal courts or will clearly carve out a rare First Amendment exception. The case of U.S. v. Elonis focuses on whether statements, often phrased as rap music, could be a “true threat” which would make it a crime if …
Crowe v. Marquette — New Facebook Discovery Case (and possibly lying about it) from Louisiana
In a federal case which appears to be about an employee who claims to be injured on the job, the defendant sought the plaintiff’s Facebook content based upon a lead that the plaintiff had posted that he had been injured while fishing before going to work. So the defendant-employer asked …
How Florida Lawyers Use Technology
In January 2015, the Florida Bar released its “Results of the 2014 Economics and Law Office Management Survey,” which you can find here. The Bar article covers the primary study results however there are far more interesting tech-specific data about lawyers and their use of technology. Some of the interesting, …
Use of Drone Acquired Evidence in (Florida) Civil Cases
Can a law firm fly a drone in light of Pirker v FAA and the 2012 FAA Modernization and Reform Act? Can a lawyer legally acquire evidence via drone / UAS? Find out in this article from February 2015 Palm Beach Bar Association.
Christopher Hopkins Speaks to Paralegal Association of Florida About “Paralegal Ethics 2015”
Thanks to the West Palm Beach Chapter of the Paralegal Association of Florida for inviting me to speak at their January 2015 meeting. The quiz show format for “Paralegal Ethics 2015” and materials are here.
Florida OFR Claims Marijuana and Virtual Currency Are “Emerging Threats”
Florida Office of Financial Regulation recently released a consumer publication, Fast Facts, which claimed that medical marijuana and virtual currency (bitcoins) were “emerging threats” in terms of investments. The pamphlet does not state the factual or anecdotal basis for those statements. The Fast Facts pamphlet is here. See page 9. …
Christopher Hopkins Speaks At Miami Bitcoin – Regulatory Panel (TNABC)
The North American Bitcoin Conference was held in Miami Beach this weekend and included a discussion of regulatory issues among attorneys Jacob Farber, Kathryn Haun, Christopher Hopkins, Andrew Ittleman, and Marco Santori as well as non-lawyers Perianne Boring and Australian Senator Sam Dastyari. One topic that was stressed was that …
Can Your Client Legally Fly a Drone?
Drones were apparently the popular holiday gift last month — to the point that the FAA issued special guidance for new flyers. “Can Your Client Legally Fly a Drone?” is from the January 2015 Palm Beach Bar Bulletin and explains the trial ruling in the Pirker case and some of the …
Florida Virtual Currency “Fibonacci” Lawsuit
As reported on Coindesk, we have filed suit on behalf of two defrauded purchasers against the “Fibonacci” manufacturing and mining organization (see Coindesk.com, “Florida Group Faces Fraud Charges for Alleged Altcoin Pump and Dump,” December 17, 2014). You can read their excellent coverage here. A copy of the lawsuit …
Legal Ethics – Check Your iOS 8 Privacy Settings
Lawyers (and other professionals) have ethical obligations to reasonably know about the technology they use — and ensure that communications are confidential and protected. This article from the December 2014 Palm Beach Bar Journal explains a dozen privacy settings for your iPhone or iPad which should increase your security.
How Jurors and Lawyers Use Social Media and Technology
Lawyers are ethically required to stay competent with emerging technology that impacts their practice. You need confidential communications. You need to know how to research. This article, How Jurors and Lawyers Use Social Media and Technology, discusses how the average juror is using the internet AND explains what your …
Florida Lawyer’s Guide to Marijuana Laws
Floridians will vote this November on Amendment 2, relating to Use of Marijuana for Certain Medical Conditions. Just this past June, Governor Scott signed the Compassionate Medical Cannabis Act into law. How does the interplay between state and federal drug laws work? This article (here) from the October 2014 …
FTC v. Butterfly Labs: Complaint and Response
The Federal Trade Commission (FTC) filed suit against bitcoin-mining hardware manufacturer, BF Labs, Inc. d/b/a Butterfly Labs, on September 15, 2014 alleging misrepresentations and deceptive omissions regarding the marketing and manufacturing of the BitForce and Monarch mining machines. Among other relief, the suit seeks temporary and permanent injunctions as well …
US v. Faiella and Shrem – Ruling on Bitcoin as “Money” or “Funds”
It has been widely reported that bitcoin entrepreneur Charlie Shrem is going to agree to a plea deal. There has been less coverage, however, regarding the Judge’s August 18, 2014 Order. This Order is important to the US v. Faiella and Shrem case because the defendants lost their argument that bitcoin …