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Elected officials face dilemma over social media
The day before she was sworn in to public office, Phyllis J. Randall created a new Facebook page and encouraged citizens to share criticism and compliments. A month later, Randall deleted what she deemed a “slanderous”accusation delivered anonymously and aimed at someone other than her. She blocked the commenter from her page. The ban was […]
Social media posts can be helpful in litigation
The use of social media has become so commonplace that some commentators have suggested that it might be malpractice in some cases if an attorney fails to scour pertinent online information. But what is the proper process for conducting such online research without violating ethics rules? And how should attorneys handle information learned by visiting […]
Under pressure, social media giants acknowledge meddling
WASHINGTON (AP) — In three exhaustive hearings this week, executives from Facebook, Twitter and Google acknowledged that their platforms were used by Russia to try and create division over such disparate issues as immigration, gun control and politics. House investigators released a trove of Facebook and Twitter ads that showed just how extraordinary the cyber […]
Legal Loop: New Jersey judge permits service via Facebook
If you’re a litigator, then I can only assume that by now you fully understand how social media platforms impact your practice. At this point in time, one way or another, you’ve undoubtedly encountered social media issues while representing your clients. Whether it’s crimes being committed using social media platforms, mining social media for evidence, […]
Legal Loop: NYSBA issues updated social media guidelines for lawyers
I’ve always believed that social media use by lawyers should be treated no differently than any other type of communication by lawyers. After all, online interactions are simply an extension of offline interactions, and the medium doesn’t change the message. For that reason, it has pained me to see so many ethics committees issuing so […]
State Bar Association issues new social media guidelines
The Commercial and Federal Litigation Section of the New York State Bar Association has updated its social media ethics guidelines for lawyers. The original version of the guidelines was issued in 2014 and last updated in 2015. The 47-page document covers attorney competence in social media, furnishing legal advice through social media, using evidence from social […]
Legal Loop: Judges weigh in on researching jurors online
Now that social media is simply part of our day-to-day lives, it’s no surprise that it’s also appearing in legal cases. Lawyers routinely seek to access social media data during the discovery phase of trial, mine social media for evidence to use during trial, and research jurors prior to voir dire. In the past I’ve […]
Supreme Court skeptical of sex offender social media ban
WASHINGTON — With a nod to the importance of social media in American life, the Supreme Court signaled Monday it could strike down a North Carolina law that bars convicted sex offenders from Facebook, Twitter and other popular sites. At least five justices, a majority of the court, suggested during argument that they would rule […]
Legal Loop: Lawyers and social media in 2017
Until recently, lawyers have been reticent to use social media, insisting that it was a passing fad. However, because social media has increasingly cropped up as important evidence in cases, lawyers’ attitudes have begun to change, as they realize that it can be a valuable tool, both in litigation and in marketing. That’s why in […]
Commentary: ‘Don’t post that’ — Social media’s effects on the workplace
It seems like nowadays everyone has Facebook, Twitter, Instagram, or all of the above. Social media has become an outlet for people to connect with people, post photos and express their opinions for the world to see. Although the First Amendment of the United States Constitution allows for freedom of speech, how far do the […]
RIT gets $149,000 to continue anti-terror campaign
Rochester Institute of Technology will receive federal funding to continue a social media campaign to counter terrorist propaganda. Members of the state’s congressional delegation say RIT will receive $149,000 from the U.S. Department of Homeland Security to continue work on a project that was honored last year called “It’s Time: ExOut Extremism.” The campaign won […[...]
Legal Loop: D.C. Bar on mining social media for evidence and more
Last month I wrote about D.C. Bar Opinion 370, which addresses the ethics of lawyers using social media for marketing purposes, among other things. The D.C. Bar also simultaneously issued a separate opinion on a related matter: lawyers using social media in providing legal services. In Opinion 371 (online: https://www.dcbar.org/bar-resources/legal-ethics/opinions/Ethics-Opinion-371.cfm), the DC Ba[...]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- 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
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- 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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