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Recent Articles from Nicole Black
Legal Loop: 2020 Holiday Gift Guide for lawyers
2020 has been quite the year, and it’s been anything but easy. No doubt, you’re ready for this unprecedented year to end so that we can look forward to a new, hopefully much less eventful 2021. In the meantime, the holidays are upon us and you may still have presents to buy. If so, you’re […]
NYC Bar on the ethics of lawyers appearing in court during the pandemic
In October, I wrote about an opinion issued by the New York State Bar that addressed the ethical issues presented when a lawyer sought to withdraw as counsel due to health-related concerns regarding in-person court appearances during the pandemic. As I reported in my article, the New York State Bar Association’s Committee on Professional Ethics […]
Case shows why lawyers must encrypt e-communications
Whenever your firm’s employees work remotely during the pandemic (and beyond), electronic communications will increase out of necessity. If those communications aren’t encrypted, you run the risk of inadvertently disclosing confidential client data. That’s why it’s imperative that your firm takes steps to encrypt online communications if it isn’t already doing so. Whether you decide [&he[...]
Legal Loop: Can the pandemic provide an excuse for sanctionable conduct?
As we enter our ninth month of the pandemic and COVID-19 numbers are surging across the country, lawyers and judges alike are bracing for newfound full or partial shutdowns. If and when the shutdowns occur, our court systems will undoubtedly slow down, creating a bottleneck effect, just like what happened in the spring. And when […]
Legal Loop: Should you copy clients on emails to opposing counsel?
As a result of the pandemic, lawyers are working remotely now more than ever before. This means that out of necessity, in-person meetings are far less common during the pandemic, and lawyers are increasingly relying on email to communicate with clients and other attorneys. Of course, email is not an ideal way to communicate when […]
Does Facebook have an obligation to prevent murder?
These days, we spend a lot of time online — probably more than we should. And for most of us, especially during the pandemic, a good percentage of our after work downtime occurs on social networks. We share (and sometimes overshare) our ups and downs, family celebrations, and in recent months, political opinions. Social media […]
New York on withdrawing as counsel due to COVID-related fears
In New York, court appearances have been sharply curtailed at times due to the pandemic. Online court appearances have become commonplace out of necessity and have been surprisingly well-received, especially by some members of the judiciary. That being said, in-person court appearances are sometimes still required, even as COVID-19 numbers are on the rise. For […]
California Bar on ethical obligations in the event of a cyberattack
Now that more lawyers are working remotely than ever before, cybersecurity has become a top-of-mind issue. This is because most businesses, including law firms, were not prepared for the unexpected shift to remote working, and as a result, bad actors have begun to take advantage of this change in circumstances, and cyberattacks have increased significantly […]
Colorado Bar on ethical obligations in a data breach
When the pandemic hit, most lawyers began to work from home, oftentimes exclusively. Many continue to do so today out of necessity or preference. As a result, practicing law virtually is a newfound reality and many law firms have begun to invest in the technology needed to support it. Of course, now that lawyers are […]
Michigan Bar weighs in on technology competence for lawyers
Technology competence has been an ethical requirement for lawyers in many jurisdictions for years now. Specifically, ethics committees have generally required that lawyers take steps to ensure that they have a sufficient understanding of the technologies available to them so that they can make educated decisions about when and how to use the technologies in […]
In memory of Justice Ginsburg — and Justice O’Connor
Regular readers of this column know that, for the most part, this is a legal technology column. For more than a decade now, I’ve used this forum, and my background as a litigator, to share my thoughts and advice for lawyers on the intersection of law and technology. Sometimes I take the fact that I […]
Law firms and technology post-COVID: The latest statistics
It’s hard to believe that the pandemic has been with us for nearly 6 months now, and will likely be around for months — or even years — to come. While it’s hard to predict when the pandemic will end, one thing is for sure: COVID-19 has changed many aspects of our culture, from when and how […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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