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Author Archives: Nicole Black

Legal Loop: Supreme Court of New Mexico on judges using social media

Judges and social media: according to most judicial ethics commissions, it’s a dicey proposition that doesn’t always work out well for judges. As I’ve discussed in past columns, more often than not, judges are chastised by judicial ethics commissions for ...

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Legal Loop: Manhattan judge misses mark on gender discrimination claim

My regular readers know that I typically focus on the intersection of law and technology in this column. But occasionally I come across an issue or case unrelated to technology that merits further comment. Edwards v. Nicolai, 160830/13, a New ...

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Legal Loop: Another knee-jerk reaction to technology — this time in California

California legislators and court officials are taking a stand. It’s a murky, misguided one, lacking in common sense, but it’s a stand nonetheless. It’s a stand against progress, the Internet, and the looming threat of this newfangled thing called social ...

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Legal Loop: Facebook, privacy settings and spoliation

Once again, social media and the law collide, this time in the Western District of New York.  In March, United States Magistrate Judge Marian Payson handed down a decision in Thurmond v. Bowman, 2016 WL 1295957 addressing allegations that the ...

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Legal Loop: New York Bar seeking to require lawyers to be more tech-savvy

In 2012, the American Bar Association amended the comments to Model Rule 1.1 to include the requirement that lawyers “should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage ...

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Legal Loop: Second Circuit upholds New York’s bonafide office requirement

It’s been a long road for New Jersey attorney Ekaterina Schoenefeld, who has, for years now, sought to practice law in New York without maintaining a physical office in the state. Her attempt to overturn New York’s “bonafide office” rule ...

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Legal Loop: Lawyers and social media in 2016

Social media has been part of our daily lives for nearly a decade. At first, many lawyers were skeptical, believing that social media offered little value to their practices.  But over the years, as social media has enmeshed itself into ...

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Legal Loop: Oracle v. Google: Judge begrudgingly permits online research of jurors

In a recent Order issued in Oracle v. Google, No. C 10-03561 WHA (online: https://s3.amazonaws.com/pacer-documents/27/231846/035114016886.pdf), United States District Court Judge for the Northern District of California, William Alsup, had a lot to say about lawyers using social media to research ...

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Legal Loop: NY judge weighs in on whether ‘tagging’ violates order of protection

Social media permeates every aspect of our lives so it’s not surprising that online interactions can sometimes trigger criminal prosecutions. That’s why, in the past I’ve discussed how social media and other online communications can constitute aggravated harassment or violate ...

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