Recent Articles from Nicole Black
Legal Loop: New York Judge Rejects Service Via Facebook
I’ve written many times in past about the influence of social media on the legal profession. The proliferation of social media on our culture is undeniable, but until recently, most lawyers have successfully ignored social media, and their decision to do so had little, if any, effect upon their practices. Lately, however, the social […]
Legal Loop: Free legal research, educational info for lawyers
It used to be that the only place that lawyers could obtain free access to legal research and information was at the law library. My how things have changed! Nowadays, lawyers have available to them a vast array of free online and mobile-based legal resources, including free legal research portals, online legal databases and educational […]
Legal Loop: Court rules juror’s Facebook posts not protected
Social media and jury trials don’t always play well together. The instant Internet access made possible by smart phones and the vast reach of social media have caused judges across the country much dismay when the trials over which they were presiding unraveled before their very eyes due to an off-the-cuff tweet or Facebook status […]
Lawyers’ use of social media during trials
As social networking use becomes mainstream, social media sites are proving to be an incredibly useful source of information for attorneys. Postings on social media sites are being used to disprove allegations made by a party or witness. Lawyers are also mining social media sites during voir dire to locate background information about potential jurors […]
Legal Currents: Book review: Kowalski envisions the future of law
I recently finished reading Mitchell Kowalski’s new book, “Avoiding Extinction: Reimagining Legal Services for the 21st Century,” which was published by the American Bar Association earlier this year. This highly informative and innovative book is written in narrative form and reads like a novel. At first, this took some getting used to, since I had […]
Legal Currents: Mass., Fla. courts chime in on jurors and social media
In November 2011, the Federal Judicial Center issued a report on jurors’ use of social media during trials (http://tinyurl.com/FedSocMedRpt) and found that only 6 percent of the 508 federal district court judges who responded to the FJC’s electronic survey reported encountering instances of jurors using social media during trial or deliberations. Furthermore, of those 6 […]
Legal Currents: Proposed cyberbullying law is unnecessary
Recently, Monroe County Legislators Mike Barker and Carmen Gumina proposed legislation that would make cyberbullying a crime. Under the bill, cyberbullying directed toward a minor would constitute a Class A misdemeanor in Monroe County, punishable by up to a year in jail. The crime of cyberbullying would occur where the defendant engaged in the following […]
Legal Currents: Court of Appeals grapples with Internet porn
Last week, the New York Court of Appeals handed down its decision in People v. Kent, 2012 N.Y. Slip Op. 03572. In this decision, the court considered whether the defendant, by simply viewing images of child pornography on his computer screen, had knowingly procured or possessed child pornography in violation of Penal Law § 263.15 […]
Legal Currents: IPad resources for lawyers grow plentiful
In just a few short years, iPads have become ubiquitous. Although the first iPad was released just 2 years ago, iPads are popping up everywhere, from coffee shops and airports to the boardroom and the courtroom. It seems indisputable — the tablet computing revolution has begun and, just like everyone else, lawyers are quickly joining […]
Legal Currents: New York addresses legal blogging ethics
Although blogging has been around for well over a decade now, our profession was late to jump on the bandwagon. Nevertheless, the ethics of legal blogging has been an issue from the get go. For example, when blogging first reared its ugly head, there was much debate about whether a legal blog constituted an “advertisement” […]
Legal Currents: Rochester: An emerging legal tech hub?
I’ve spent most of my adult life in Rochester, New York, having lived here for a total of 20 years. Aside from the typically harsh and lengthy winters, it’s not a bad place to live. It may not be the most metropolitan area, but Rochester offers something for everyone, from a vast array of festivals […]
Legal Currents: Are police unlawfully accessing social media accounts?
It’s undeniable: social media use has permeated our culture. People are sharing information about all aspects of their lives via social networking sites. Some of these disclosures are broadcast publicly while others are limited to select friends and followers. This broad scale sharing of information has not gone unnoticed by the legal profession. In past […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute