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Recent Articles from Nicole Black
Legal Loop: Fitbit evidence provides alibi for victim’s boyfriend
Last week, I wrote about a recent case where Fitbit data was used in a California case to convict the defendant, the victim’s stepfather, of her murder. In that case, the victim was wearing a Fitbit and her heart rate data obtained from the device conflicted with the defendant’s version of events, ultimately resulting in […]
Legal Loop: Fitbit data used as evidence in a new murder case
Wearable devices are becoming incredibly common. Take a look around — you’ll notice Fitbits, Apple Watches, and other wearable devices on the wrists of many people whom you encounter on a daily basis, including your legal colleagues and co-workers. They’re being used to track people’s health and fitness information, to ensure people are notified of […]
Legal Loop: Texas Bar on lawyers seeking legal advice from other lawyers in online forums
Lawyer-only online forums and listservs are commonplace. Often these forums are hosted by bar associations, but that’s not always the case. Facebook, LinkedIn and Reddit private groups are often created by lawyers for lawyers. Because these groups are typically gated communities, lawyers can comfortably discuss a multitude of issues. Referral sources are sought, trending legal […]
Legal Loop: ABA on disaster preparedness and ethical obligations
In the wake of Hurricane Florence, disaster preparedness is on everyone’s minds. For lawyers affected by disasters, natural or otherwise, there are unique concerns given the nature of the services that they provide. Statute of limitations and other deadlines must be met despite the weather, as do clients’ needs and concerns. The drumbeat of the […]
Legal Loop: Technology know-how: bridging the gap
By now, I’m sure you already know that New York lawyers have an ethical obligation to maintain technology competence. What that means is that you need to have a basic understanding of legal technology issues so that you can make educated decisions about whether to use technology in your law practice, and which tools to […]
Legal Loop: Juror misconduct and technology: a perfect storm
As I mentioned in recent columns, I’m in the process of drafting my half of the annual update to “Criminal Law in New York,” a substantive criminal law treatise that I co-author with Brighton Town Court Judge Karen Morris. Every year, during the course of my research, I often stumble upon cases that offer an […]
Legal Loop: Another New York court weighs in on access to cell phone geolocation data
Last week I wrote about a case that I came across while conducting research for the annual update of the Thomson Reuter’s substantive criminal law book that I co-author, “Criminal Law in New York.” That case, People v. Jiles, 158 A.D.3d 75 (4th Dept. 2017), concluded that a warrant was not needed to obtain historical […]
Legal Loop: Does accessing historical cell site information require a warrant?
Every summer, I write my portion of the annual update for “Criminal Law in New York,” a book on substantive New York criminal law that I co-author with Brighton Town Court Judge Karen Morris. During my research of the criminal cases handed down over the past year, I often come across cases that provide interesting […]
Legal Loop: Top podcasts for lawyers
Podcasts have been around for decades now, but it was only recently that lawyers really began to take notice of them. The “Serial” podcast’s fame helped expand the reach of podcasts, both among the general public and lawyers. Since then, podcasts have increased in popularity and many new legal-themed podcasts have emerged. But with so […]
Legal Loop: Lawyers should be concerned about a new Gmail security issue: here’s how to fix it
If you’ve been reading my column over the years, you already know that unencrypted email is inherently unsecure and that it’s no different than sending a postcard written in pencil through the post office. Despite this fact, in the mid-1990s, bar ethics committees, including the New York State Committee on Professional Ethics, gave lawyers the […]
Legal Loop: U.S. Supreme Court holds expectation of privacy in cell phone geolocation data
Smartphones have become central to the lives of most Americans. We count on our phones to keep us connected to the world. Because our phones handle so many pivotal functions for us, we’ve become increasingly reliant on them. They’ve have become so much a part of our day-to-day lives that, if you’re anything like me, […]
Legal Loop: Pennsylvania court on social media evidence authentication
Social media use is pervasive. People communicate online many times every day. Importantly, those online interactions create digital footprints that can prove to be invaluable — and sometimes detrimental to — litigation. Of course, the somewhat transient and unverifiable nature of online engagement can present problems for lawyers seeking to use social media evidence during […]
Case Digests
- 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
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
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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