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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 ...

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 ...

It seems lawyers can’t escape social media, no matter how hard we try. As I’ve written about previously, social media is now being used as evidence in cases, lawyers are using it to research jurors, and people are being charged ...

On many occasions I’ve written about the importance of understanding your ethical obligations when mining social media for evidence. This duty is particularly important when it comes to prosecutors. After all, their actions can affect the constitutional rights of those ...

Tagged with: Legal Loop

Last year the Social Media Committee of the New York State Bar Association’s Commercial and Federal Litigation Section issued Guidelines that addressed the ethics of lawyers using social media. You may recall that I wasn’t sold on the necessity of ...

Tagged with: Legal Loop

In past columns I’ve discussed the many benefits of cloud computing, including convenience and flexibility, 24/7 access to client data from anywhere, affordability, simplicity, and the ability to eliminate IT staff and software management requirements. Another important benefit of cloud ...

Tagged with: Legal Loop

Social media has permeated all aspects of our lives. Whether it’s news breaking on Twitter, professionals connecting on LinkedIn, people sharing momentous occasions on Facebook, or others simply sharing their latest meal on Instagram, it’s hard to escape the effects ...

Tagged with: Legal Loop Nicole Black

Last week I covered the first part of an opinion issued by the Colorado Bar Association Ethics Committee, Formal Opinion 127 (online: http://www.cobar.org/tcl/tcl_articles.cfm?articleid=9073). I discussed the committee’s conclusions regarding lawyers mining social media for evidence and then promised to address ...

Tagged with: Legal Bytes Nicole Black

In November 2015, the Colorado Bar Association Ethics Committee issued an in-depth and well-reasoned opinion covering many of the ethical issues lawyers encounter when trying to use social media to investigate their clients’ cases. Because Formal Opinion 127 addresses so ...

Tagged with: Nicole Black

In December 2015, The Association of the Bar of the City of New York Committee on Professional Ethics addressed the issue of whether the use of LinkedIn by attorneys constitutes attorney advertising. While I agree with the committee’s conclusions (which ...

Tagged with: Legal Loop Nicole Black

It’s that time of year again — time for me to take a look into my crystal ball and predict the future of legal technology. I give it my best shot every year, for better or for worse. Looking back, ...

Tagged with: Legal Loop Nicole Black

According to the American Bar Association’s 2014 Legal Technology Survey report, 53 percent of lawyers report sharing confidential or privileged information with their clients using unencrypted email at least one or more times each day and 22 percent report sharing ...

Tagged with: Legal Loop Nicole Black