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Expert Opinion

Legal Loop: New York Court of Appeals on discoverability of Facebook messages

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For litigators, social media platforms have increasingly become an invaluable source of evidence. So it’s not surprising that discovery disputes often arise regarding the scope of requests for social media-related information. Last month, one of those discovery disputes reached the ...

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Legal Bytes: What you don’t know could hurt you, especially for the unmarried

While married couples may seem to obviously need estate planning services, especially when children arrive, unmarried couples may actually need it more. It’s a pretty well-known fact that when a married spouse passes away, the other will likely inherit a ...

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Paralegal Perspectives: Local paralegal education programs and PAR

While not all paralegals attend formal education and training programs before they enter the career field, Rochester and the surrounding metro areas offer several opportunities for formal education. Locally, Bryant and Stratton, Monroe Community College, Finger Lakes Community College and ...

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eDiscovery Update: One bad apple spoils the bunch: bad faith destruction of ESI by a single employee can carry large sanctions

Dear John, My client recently became aware of a potential lawsuit and promptly issued a litigation hold. My client also held training sessions to ensure compliance with the hold. However, I suspect that one of the senior employees subject to ...

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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. ...

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Environmental Law: Not in my backyard? Article 10 and the siting of electric generating facilities

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The proposal to locate a waste-to-energy facility on the former Seneca Army Depot in the Town of Romulus in Seneca County has reignited interest in New York State’s uneven approach to local control over the siting of “locally undesirable land ...

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Advocate’s View: The fallacy of privacy: discovery of ‘private’ social media content in the wake of Forman v. Henkin

Introduction There is something about social media that causes people to instinctively share, post and tweet whatever is on their mind (ask Donald Trump). As a result, social media accounts are a potential evidentiary goldmine for litigation attorneys (ask Robert ...

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White Collar Corner: DOJ memo suggests narrowed regulatory enforcement under President Trump

A Department of Justice (DOJ) memorandum released on Jan. 25, 2018, authored by former Associate Attorney General Rachel Brand (the Brand Memo), suggests that the DOJ will be narrowing its activity in the area of affirmative civil enforcement (ACE), including ...

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Matrimonial Matters: Probate case interprets prenuptial requirements

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Ruling in an estate dispute, the Second Department Appellate Division addressed an unanswered question from a Court of Appeals decision regarding prenuptial agreements. Matter of Koegel, (2018 NY Slip Op 00833). In Galetta v. Galetta, the Court of Appeals ruled ...

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