Blog
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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E-discovery
4605

Fawcett v. Altieri: A New York Court Gets Social Media Discovery All Wrong

A New York court has held that, based on a “survey of social media case,” that there is a two prong test for production of Facebook content which includes developing facts before conducting certain discovery.  The court notes that Facebook production is “tantamount to a costly, time consuming fishing expedition…” …

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Privacy
4674

Internet Safety for Parents & Students 2013

Last year we discussed, “there is no delete.”  This year we add to that: social media is not free; the price of admission is your personal information. A special thanks to Rosarian Academy for allowing me to speak to parents and students in separate sessions so parents can learn tips …

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Evidence
4513

What the Patreaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses) are traceable with free software and what data exists on the person’s computer to show what …

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E-discovery
3617

What Does a Child Pornography Case Tell You About Computer Evidence?

Want to know how to find (or hide) on a computer what websites were visited, what images were viewed, and what files were deleted?  Even if you are not a computer forensic specialist, you can find this information using basic steps and free software on the Internet.  This is helpful …

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iOS
4612

Tweak Your iPhone to See Signal Strength in Decibels, Not Bars

There has been criticism that the all-too-familiar cell phone bars on your iPhone are not entirely accurate.  There is a (reversible) trick to show reception in decibels, not bars.   This gives you a number (sadly, for me, usually ranging between -100 and -80) which is a more precise measure …

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