NY Daily Record Since 1908
Cyber attacks and costly accidental losses of sensitive personal and financial information are no longer confined to retailers like Target and Sony or banks and investment houses like JP Morgan. Professional service companies — accountants, lawyers, financial advisers and insurance ...
Read More »Commission proposes to expand victim rights in Florida’s constitution
Life can be so, so different in Florida. Take, for example, the state’s most recent Constitution Revision Committee, which concluded its work on April 16, 2018. The Florida Constitution requires such a commission to be convened every 20 years. Unlike ...
Tagged with: Scott Forsyth
Read More »Is Kentucky’s ban on abortion method doomed?
According to Wikipedia, Kentucky is known for horse racing, bourbon distilleries, moonshine, college basketball and KFC. To the list should be added laws that limit access to abortion. The state tried to force doctors to conduct an ultrasound before an ...
Tagged with: Scott Forsyth
Read More »No, Mr. President, the attorney-client privilege is not dead
“Attorney-client privilege is dead!” President Donald Trump tweeted this week after the office of his attorney Michael Cohen was raided by the FBI. The attorney-client privilege protects most communications between a client and attorney, permitting those communications to be kept ...
Read More »Court curbs the discretion of Florida governor in restoring voting rights
More snow and cold. Makes you yearn for the warmth and sunshine of Florida. However, before you relocate, consider the legal environment of Florida. For example, look at felon disenfranchisement. Florida is one of four states that effectively bars every ...
Tagged with: Scott Forsyth
Read More »Commentary: White House staff get to have opinions, too
President Trump is bedeviled by leaks. He tweets they are “illegal” and wants the persons making them prosecuted. All of his bluster has not stemmed the flow of information from anonymous sources. In this respect his administration is no different ...
Tagged with: Scott Forsyth
Read More »Is it constitutional to lock up asylum-seekers indefinitely?
Judge Elizabeth A. Wolford, a federal district court judge for our area, has received favorable publicity in the past four months. In two decisions she criticized ICE for the way it treated asylum-seekers detained at the Buffalo Detention Facility in ...
Tagged with: Scott Forsyth
Read More »Commentary: How upgrading your smartphone could cost you in the courtroom
Federal and state civil procedure rules, which govern how parties conduct themselves in litigation, have long required litigants to preserve electronic communications and documents or risk sanctions. Not surprisingly, the list of electronic communications that must be preserved once litigation ...
Read More »Using death penalty as a political prop
Politics at its worst is on full display in Pennsylvania. Not only is state Sen. Scott Wagner, a GOP candidate for governor, shamelessly trying to exploit the school massacre in Parkland, Florida, but his proposal to make the death penalty ...
Read More »Sybil Procedure: How awareness of bias can improve advocacy
I have been thinking about the ways in which cognitive biases impact diversity within our profession for a while. Recently, however, I’ve started thinking about the ways cognitive biases can also help me become a better advocate. Let me explain. ...
Read More »In setting bail, court must consider ability to pay and alternatives
People are talking seriously about bail reform: the reduction or the elimination of bail for certain persons awaiting trial. The reasons are many. There are the cost savings — $40 a day to house a pretrial detainee in the Monroe ...
Tagged with: Scott Forsyth
Read More »When an immigration stop is not an immigration stop
You see the green and white vehicles of the Border Patrol cruising the roads of Monroe County and the adjacent counties. What you may not know is that the Border Patrol believes it has the authority to stop any vehicle ...
Tagged with: Scott Forsyth
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