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Data Breach

NIST Draft Practice Guide: Securing Electronic Health Records on Mobile Devices

The National Institute for Standards and Technology issued a “draft” version of a Cybersecurity Practice Guide aimed at doctors, hospitals, and other health care providers. The 82-page Guide discusses how medical providers access patient data remotely and that “the use of mobile devices to store, access and transmit electronic health care …

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Data Breach

Second Cir: Facebook Case Reveals Difference b/t CFAA & SCA Statute of Limitation Periods

The Second Circuit confirmed that the Computer Fraud and Abuse Act (18 USC 1030) and the Stored Communications Act (18 USC 2701) calculate the starting point of their two year statute of limitation differently.  If someone’s email and/or social media accounts are hacked, the statutory periods are calculated differently.  This …

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Arbitration Mediation

Apps for Florida Mediators

What technology and apps should mediators use? Thanks to the Florida Dispute Resolution Center for inviting me to their 23rd annual conference in Orlando, Florida on July 30-31, 2015. Our session, Technology and Apps for Mediators, explained what technology you need to run an effective and profitable mediation office.  We …

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1st Amendment

Eleventh Circuit: Florida Firearm Owners Privacy Act is Constitutional

The 11th Circuit has reversed a district court ruling and, instead, concluded that Florida’s “docs vs. glocks” law is constitutional.  This is a victory for gun proponents who voice concerns that inquiries from Florida doctors about gun ownership was an invasion of privacy. The case is Dr. Bernd Wollschlaefer et …

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Virtual Currency

Federal Reserve: What Community Banks Should Know About Virtual Currency

The Federal Reserve System issues periodic newsletters to highlight information that community banks may find helpful in order to comply with Federal Reserve policy. To that end, the Federal Reserve’s “Community Banking Connections” is supposed to be a “primary source for information on guidance, resources, and tools to help community …

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Defamation

Absolute vs. Qualified Immunity to Defame Someone in Affidavit and/or Florida Court Proceeding

One area where a person has a fairly wide latitude to allegedly defame someone is… in a court proceeding. Specifically, Florida recognizes a doctrine of absolute immunity for “defamatory words published in the course of a judicial proceeding, regardless of how false or malicious the statements may be, as long as …

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Marijuana

Florida Marijuana Proposed Rule 64.4 is Valid

.                 In the case of Baywood Nurseries Co., Inc. v. Florida Department of Health, Judge W. David Watkins rendered a massive 68-page Final Order finding that Baywood had standing but failed to meet its burden of proof. As stated in the Final …

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E-discovery

Ten Steps to Facebook Discovery

      This article, from the Spring 2015 Trial Advocate Quarterly, discusses four (4) reported trial orders  and (3) appellate decisions on social media discovery from Florida. While the orders and opinions are not exactly harmonized, they can be interpreted in a way that counsel for parties seeking social media …

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Uncategorized

Adnan Syed of “Serial” Fame Is One Step Closer to a Re-Trial

If you are like at least 39 million other people, you may have tuned into a podcast phenomenon called Serial which tracks back to the murder of a high school student in the late 1990s. Comprising 12 episodes, which is fewer than a season of Newsroom, the show was such …

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Data Breach

Recent Government Guidelines on Data Breach / Cyber Security

Various federal agencies have been busy this Winter-Spring 2015 issuing various guidelines regarding data breach and cyber security: DOJ Best Practices for Victim Response and Reporting of Cyber Incidents (April 2015) – drafted “with smaller, less well-resourced organizations in mind…” Office of National Coordinator for Health Information Technology (April 2015) …

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JFK

National Archives: October 2017 Release of Last of JFK Assassination Records

In April 2015, the US National Archives explained at their NDCPrioritization: What Secrets Do People Want to See? conference how the release of the remaining JFK records will be accomplished. By way of background — that “background” being a cry primarily from FOIA fans and conspiracy types to free the …

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Ethics

Lawyers’ Ethical Duties Re Internet Scams

The Association of the Bar of the City of New York has issued Opinion 2015-3 regarding, “Lawyers Who Fall Victim to Internet Scams.” The Opinion addresses the following: – If you get an email solicitation that appears to be fake, “the best approach is to ignore such solicitations altogether.”  A …

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law & order

Was There a Numbers Station in Palm Beach?

        Was There a Numbers Station in Palm Beach County? [PDF of June 2015 Palm Beach Bar article is here] In the past two years, we have been increasingly exposed to the “cool” side of math: cryptography and encryption.  Algorithms were not something you likely learned in …

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Uncategorized

PDFZilla for Lawyers

I have written a few articles on iPhone/iPad apps for business people, lawyers, and mediators but it has been a while since I’ve recommended PC software (“Clean Your PC in 30 Minutes” from 2011). PDFZilla is worthy of a review and recommendation.  There’s a free trial version — and there’s …

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Defamation

Florida Second DCA: ShesAHomewrecker.com Case

Florida’s Second District Court of Appeal recently ruled in Melissa Leach v. Tara Michelle Kersey that, under case-specific facts, sending messages, Facebook friending, and posting about another person on She’s A HomeWrecker.com were not “cyberstalking” under Florida Statute 784.0485. Under the cyberstalking statute, there must be at least two incidents …

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