First and Fourth DCA: Conflict on Strict Construction of Proposal for Settlement
The First District Court of Appeal, for the second time, has called out a conflict with the Fourth DCA regarding how strictly the rule must be construed. In Colvin v. North Florida Women’s Care, a plaintiff served on the defendant a proposal for settlement for $20,000. She proceeded to trial …
Register Your Drone with FAA — Businesses, Hobbyists, and Parent Who Bought One Over The Holidays
You likely have heard that the FAA has required every drone to be registered. And, especially with the holidays, that particular task may have fallen down your list of things to do. Change that. Drone registration is mandatory. Even the large amateur drone association(s) finally concluded that everyone should go …
Injunction for Cyberstalking in Florida Reversed
During the May 2014 Billboard Music Award show, a hologram of Michael Jackson wowed the crowd as he/it performed the song, “Slave to the Rhythm.” You can see the performance here. Lawsuits regarding the hologram arose between two companies involving patent and business tort disputes. According to the allegations, Alkiviades David, …
Fourth DCA: Internet Review of Lawyer Is Libel Per Se
Posting an online review of a lawyer’s services which include false claims that the lawyer lied about attorney fees and falsified a contract is libel per se, ruled the Florida Fourth District Court of Appeal on January 6, 2016. Even though the parties had settled their case and at least …
LinkedIn Profiles – What Should New York and Florida Lawyers Do?
According to a recent study, 42% of Florida lawyers used LinkedIn for professional purposes. An ABA study suggests 90% of firms of all size have a LinkedIn profile. Two helpful but conflicting ethics opinions regarding lawyers’ use of LinkedIn have come from the New York City Bar (“NYC Bar”) and …
How Jurors Use Technology in 2016
In 2011, 2014, and (now) 2016, I have written columns for the Palm Beach Bar regarding how jurors use technology. 2016 is different. The question is no longer whether jurors are using technology (they are), the question is what is their relationship with technology. Even if someone is extremely tech-savvy, they may …
Grand-Daughter of Orville Nix Sues Government for Return of JFK Assassination Film
While the Zapruder film has become a widely-recognized piece of history, the Nix film has been its silent step-sister. Abraham Zapruder, of course, shot the sixteen second film from atop the Grassy Knoll which captured the initial and fatal shot of President Kennedy. Mr. Nix was standing on the opposite …
Nine Ways that Companies Get Hacked
This one page article explains the 9 most common ways your clients and companies get hacked — in a single page Palm Beach Bar article. Don’t know a DDOS from a SQL attack? Brute force or a reverse brute force. Read the kama sutra of hacking-for-lawyers, here.
The Government Can Sue Your Company For Negligent Cyber Security
The recent cases of FTC v. Wyndham and In Re TerraComm and YourTel America, we have seen that federal government agencies are pursuing companies who have negligent cybersecurity standards — and the government is winning. In fact, the government need not point to specific statutory violations to win these cybersecurity cases …
20+ Federal Government Agencies’ Standards for Cyber Security
In light of the rulings in FTC v Wyndham and In Re TerraCom and YourTel, it is evident that government agencies are taking the position that they can pursue “common law” cyber security negligence claims rather than relying on standards set by regulation or statute. At least some of these …
Department of Defense: Interim Rule on CyberSecurity
The Department of Defense has issued an Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The specific focus is on new rules which require contractor reporting on network penetrations. Additionally, this Rule implements DoD policy on the purchase of cloud computing services. The Interim Rule is here. According to …
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 …
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 …
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 …
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 …