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Recent Articles from Nicole Black
Legal Loop: New York courts and bar take tech forward steps
How much did the pandemic change your life? What about your law practice? Were the effects significant or peripheral? Did your law firm change the way it functioned in order to adapt to remote working challenges? Or did your firm take advantage of new technologies in order to maintain operability during the pandemic? Is remote […]
Legal Loop: New York Bar on lawyers’ obligations to protect client data on a hard drive
Technology offers many benefits. If you read my column regularly, you already know that. Technology provides nearly limitless options for lawyers seeking to run their law firms and practice law more effectively. Mobile and cloud computing enable access to your law firm’s data from just about anywhere using an internet-enabled device. Digital evidence makes trial […]
Sign of the times: NY to require cybersecurity CLE credits
When was the last time you attended a CLE course focused on cybersecurity issues? If you’re anything like most lawyers, chances are you’ve never taken one. But if you’re a New York lawyer, that will soon change. For many members of the legal profession, technology adoption tends to be an afterthought, trumped by the noble […]
NY on the ethics of sharing phone contacts with mobile apps
It’s hard to believe that it’s been 15 years since the iPhone was released. A lot has changed during that time, not the least of which is the number of lawyers who use smartphones, with the vast majority of attorneys now owning smartphones in 2022. Many also regularly download many different apps onto their mobile […]
There’s no better time than now to join your local bar association
Bar associations are the glue that binds legal communities together. Historically, they’ve been at the center of the spoke around which lawyers, law firms and legal organizations revolved. Membership benefits were many, including CLE seminars, camaraderie and the business relationships forged during bar association activities that often resulted in referrals and new business. For that […]
NY on out-of-state attorneys, the ethics of letterhead advertising
The technology that enables remote work has been around for more than a decade, but before the pandemic, lawyers rarely used it. Remote work was uncommon, and as a result, the many ethical issues triggered by remote work were infrequently encountered. COVID-19 changed everything. Remote work became routine, and two years later, lawyers are used […]
Tribute to my mentor, Edward Z. Menkin
Last month, when Ed Menkin died, the world lost a wonderful man. He was a loving father and devoted husband, a fantastic and renowned criminal defense attorney who fought zealously for his clients, and a mentor — my mentor. No doubt about it, Ed Menkin was one-of-a-kind. He was kind, intelligent and quick-witted, and he […]
Is it a constitutional violation to mute defendants during video sentencing?
The past few years have drastically impacted the way that the world operates. The shift to remote work was a sudden and drastic change, but whether it will be a permanent one remains to be seen. The overnight transition to virtual interactions was particularly impactful on our court system. Because a complete standstill was not […]
NY on the ethics of protecting smartphone contact information
Smartphones are such an integral part of our day-to-day lives that it’s often difficult to recall how we managed without them. Our mobile devices allow us to easily connect with our family members and colleagues while also offering instantaneous access to the information we need to get work done. One of the primary reasons smartphones […]
Wellness for lawyers: How technology can help
It’s been more than two long years since the onset of the pandemic, and although things seem to be slowly, steadily improving, we’re not yet in the clear. The stressors of living during this unpredictable time cannot be underestimated. Some have experienced COVID-related health scares both personally and within their close circles of family and […]
Technology competence requires ethical compliance during remote proceedings
With new COVID-19 variants popping up left and right, we face renewed uncertainty about the pandemic and the near future. As a result, many law firms continue to allow remote work, and some legal proceedings are occurring virtually. The challenging times we face highlight the importance of ensuring that not only that your law firm […]
Remote work trends: Moving the bar on the unauthorized practice of law
COVID-19 has had far-reaching effects on both society as a whole and on the practice of law. Remote work has become commonplace due to the long-term impact of the pandemic and, as a result, the rules and regulations that limit lawyers’ ability to practice law from any location have been under renewed focus, with many […]
Case Digests
- 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.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
- Second Circuit – Possession of a firearm: United States v. Pastore
- NYS Advisory Committee on Judicial Ethics – Prior client representation: Opinion 23-16
- Fourth Department – Promissory note: Aldrich v. LNG Enterprises
Law News
- 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
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
- Gov. Hochul signs Clean Slate Act, allowing certain criminal records to be sealed
- Class-action lawsuit filed over cyberattack affecting thousands of patients
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