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Recent Articles from Scott Malouf
Social Media Law: Uniform Act provides fiduciaries access to digital records
It is trite to observe we live and work digitally. Everything from case-winning insights, financial records, agreements and contact information, to family photos and letters is, or becomes, digital, much of it stored online, with a surprising amount maintained by third parties. But when you truly step away from the keyboard, what happens to that […]
Social Media Law: LegalTech 2014: New tech and a prediction
LegalTech is a trade show for attorneys, law firms and law departments. Aptly named, the event showcases new or improved technology for use in legal practice. Herein, I’ll discuss some of the technologies presented and offer a humble prediction about how social media discovery will affect education at future conferences. Technophiles and attorneys love “the […]
Social Media Law: Social media in litigation; its benefits for attorneys
Today’s Social Media Law is the final installment of my interview with Ryan Garcia, Dell’s in-house attorney for social media. This segment focuses on the role of social media in litigation and the benefits of social media for attorneys. It is well acknowledged that social media evidence is important in personal injury, criminal and family […]
Social Media Law: Part 3: Social media and employees and students
Social Media Law’s latest installment is part three of my interview with Ryan Garcia, Dell’s in-house attorney for social media. This segment focuses on recently-passed laws regulating requests for social media information by employers and educational institutions (aka Password Protection acts). A dozen states have enacted such laws and New York state legislators have introduced […]
Social Media Law: An interview with Dell’s social media counsel Garcia
Social media is a business tool. Marketing, recruiting talent and researching public opinion are obvious uses. Social media is also a business risk. Tweets, videos and posts can easily tarnish a hard-won reputation or leak confidential information. Dell embraces social media. Its two-page Global Social Media Policy has attracted wide-spread plaudits for addressing business risks, […]
Social Media Law: Highlighting social media’s multiple privacy principles
Social media evidence is playing a larger role in many matters such as business deals, employment decisions, injury claims and family law issues. Inevitably, social media users are pushing back, often claiming social data is private. Some recent decisions offer guidance on privacy issues in discovery disputes and on claims that social data is entitled […]
Social Media Law: Authentication, hearsay and social media
Flotillas of articles discuss authenticating social media. This abundance is a bit surprising. Authentication is a lower bar than other evidentiary hurdles. As the court in State v. Eleck (a leading social media authentication case) wrote: Both courts and commentators have noted that the showing of authenticity is not on a par with the more […]
Social Media Law: Easier social media discovery: Skip the content
Courts are routinely rejecting discovery demands for “all” social media evidence. Such demands are understandable – the volume and type of materials posted to social sites is expanding and users are increasingly protecting content from public eyes with more comprehensive privacy controls. Yet, courts are holding that litigants have an interest in keeping irrelevant information […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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