Florida Court Orders Plaintiff to Produce Facebook Content

January 11th, 2012

Consistent with most jurisdictions nationwide, a Fort Lauderdale, Florida circuit court judge ordered plaintiffs in a medical malpractice case to produce Facebook data in discovery.  Plaintiffs had objected to the production on the grounds that the request was overbroad, burdensome, not within the scope of discovery, and violated privacy rights.  The order recites two of the social media interrogatories at issue which may be of use to practitioners.  

Judge Mily Rodriguez Powell wrote that the information shared by the Plaintiffs on social media websites was “clearly relevant to the subject matter of the current litigation” and narrow in scope (given the short history of social media, narrowly tailoring such requests is often not difficult).  The court further held there was no expectation of privacy, citing to New York and California cases.

The Bent v. Northwest Medical Center et al. order is here.

For similar recent opinions out of Pennsylvania and New York, see “No Such Thing As Privacy in the Social Media World.”

20 Free Programs You Should Have on Your PC in 2012

December 28th, 2011

Apps for smartphones are pretty easy — finding and installing programs (the original “apps”) for a new PC is not so easy.  If you have a new PC after the holidays or simply want to make sure you have the right (free) tools which every lawyer should have on at least one PC, check out this article in the January 2012 Palm Beach Bar Bulletin.

What Are Your Jurors Doing on the Internet?

November 29th, 2011

A persistent problem for the jury system has been jurors using the Internet during jury selection and trial.  Despite media coverage, the problem continues (even internationally).

But there may be a positive side of this issue: jurors are, like the rest of us, often tied to the internet or smartphones.  Perhaps their use of the internet PRIOR to their involvement in trial might tell lawyers something about potential jurors.  A better jury means a better trial.

http://igetlit.com/2011/03/internet-jurors/

In early 2009, I wrote an article about how to use the internet to research jurors during voir dire.  This proved helpful as a practical trial technique and was (independent from my article) a practice quickly assumed by other lawyers.

But, while the voir dire data-mining effort is useful, it remains very Web 1.0.  You are using the internet to gain information.  Great, but that research method is too linear.  Why?  The jurors’ practical use of the internet may be as valuable, if not more, than their factual background information.  Just ask — most of us are quite willing to discuss our internet habits.  In fact, it might make for some compelling voir dire discussion (tailored to the case, court’s discretion, and time limits).

If you follow the 2009 article, you may stumble across an public Facebook page or an interesting Twitter feed in order to detect a better vantage of the juror’s personality.  But openly exploring with jurors how they use the internet, what connections they make (news?  personal?  purchases?), and where they go may tell the lawyer a lot more about the person, how they think, their attention span, their methods of obtaining/retaining information, etc.  That’s a Web 2.0 approach (to borrow a tiring phrase), if not more contemporary — and you do not have to use the internet.  Just ask good questions.

Check out the December 2011 article from the Palm Beach Bar Bulletin, “What Are Your Jurors Doing on the Internet?”  It may lead you to some new voir dire approaches.

U.S. Supreme Court, GPS Darts & George Orwell

November 3rd, 2011

The case of U.S. v. Jones is set for oral argument before the U.S. Supreme Court next week and may resolve whether police may physically attach a GPS transmitter on a person’s car to track its movements for an extended period of time — without a warrant.

Read the article from this month’s Palm Beach Bar Bulletin, “The Supreme Court, GPS Darts & George Orwell.”

The underlying opinion is here.  The order on rehearing is here.  The SCOTUS briefing schedule is here.

The ABA Journal piece, Sky-High Spy, is here.

Another recent cellphone tracking case (in Florida) is here.

Facebook Security Settings for Lawyers (and Their Families)

October 13th, 2011

As much as lawyers want to use Facebook for advertising, a key concern is security for their “public” accounts… and their personal ones.  

This October 2011 article from the Palm Beach Bar Association explains, in step-by-step format, how to secure your Facebook accounts.

In light of the recent Facebook changes, however, you may need to do some further hunting to find some of these options.

CT Judge OK’s Facebook Joking Juror & Juror Facebook-friending

October 10th, 2011

On October 5, 2011, a Connecticut federal court judge declined to order a new trial after the defendant in a tax evasion case learned that  (a) “Juror X” was posting on Facebook during trial that he “may get 2 hang someone… can’t wait” and “Guinness for lunch break” and (b) “Juror X” was Facebook-friending “Juror Y.”  

During an in camera evidentiary hearing, Juror X stated that the “hanging” comment was simply a joke and that he kept an open mind throughout the trial.  Likewise, he acknowledged that he Facebook-friended Juror Y but that they never have improper communications during the trial.

The order in United States v. Stavros M. Ganias is here.

Florida Adds New Teen (Anti) Sexting Law — Here Are All of the Official Documents

October 4th, 2011

There has been a rush of news stories about Florida’s new anti-sexting law which went into effect October 1, 2011.  Unfortunately, much of the coverage is inconsistent:  for example, CNN describes the new law as “easing” the penalties for this type of lewd behavior. The Sun Sentinel/Palm Beach Post simply pointed out that the new law now specifically refers to “sexting” and makes it a crime (but doesn’t clarify that, previously, sexting was a crime with potentially harsher penalties under more general statutes).  

Historically, the bill was proposed in December 2010, voted on in the House and Senate without a single “nay” vote, and signed by the Governor in June.  The statute creates new law, Florida Statute 847.0146.  Few, if any, of the news reports provides the news statute number which hampers finding the original text.  As of this writing, Florida’s Online Sunshine is not updated with the new law.  In short, it is hard to find the new law.

But no worries…

a good summary of the SB is here.

The history of the bill(s) is here.

The House Bill Analysis is here (provides the background analysis of the bill).

And the bill/law is here.

Internet Safety for Parents and Students / Children

September 26th, 2011

While much of the focus on Internet safety is on our children, a lot of what they learn may come from the habits of their parents.  I had the pleasure to speak to a group of parents, and then a group of 7th and 8th grade students, at Rosarian Academy in West Palm Beach, Florida about Child (Student) Internet Safety.

In the discussion with the parents, we emphasized what parents could do to ensure that the home was a safe computer environment and how to speak with their children about privacy, security settings, and good Internet habits.  During the student presentation, we discussed six good Internet habits, Facebook Security, and Xbox Live Security.

Another section covered with both groups is the risk that online downloading, photo sharing, and other activities can potentially lead to civil and criminal penalties.

An Adobe PDF version of the parent presentation is here.  The student version is here.

Will Your Law Firm Accept Bitcoin?

September 21st, 2011

The concept of bitcoin, a virtual online currency, has been in the news in 2011.  The good news is that it has been somewhat stable, received media attention, and survived an attempted hack (arguably better than major corporations and some nations).  The bad news is that it remains a shadow-currency with no backing and some inherent risk.  But there are a handful of firms reportedly accepting bitcoin.  Will you?

Read the September 2011 article, “Will Your Law Firm Accept Bitcoin?” from the Palm Beach Bar Bulletin.

The debate continues in the New York Times and other places

Using iPhone Location Data in Discovery

September 13th, 2011

Remember the “news” that our smartphones are tracking user locations and storing them in files on the phone?  

This article discusses how the iPhone accumulates and stores location data — and how it can be obtained by lawyers in civil cases.

Originally published in the Trial Advocate Quarterly, Volume 30, Number 3, Summer 2011.  Download Using iPhone Location Data in Discovery.

(Intermediate) Facebook for Lawyers & Law Firms: Ethics, Jury Selection, Marketing, Fan Pages

September 4th, 2011

In 2011, the Palm Beach Bar Association hosted “Intermediate Facebook for Lawyers & Law Firms,” a seminar regarding Facebook:

1.  Current legal ethics issues;

2.  How to use Facebook and social media for jury selection;

3.  Facebook marketing for lawyers; and

4.  How to set up a Facebook fan page for your firm.

In case you missed it, the powerpoint is here.

Do You Want LinkedIn to Use Your Profile in Their Ads?

August 31st, 2011

Didn’t think so.  But their services agreement automatically opts you in.

Here’s the fix:

1.  Log in.  Click on your name in the upper right corner.  Select “Settings”
2.  Find and click on “Account” in the lower right corner.
3.  Select “Manage Social Advertising.”
4.  The box is likely checked.  Uncheck it so LinkedIn cannot use your name in social advertising.

Lawyers Should Turn Off “Sent From My [Smartphone]“

August 26th, 2011

Lawyers, and really anyone, should pay attention to whether their smartphone is appending “sent by my iPhone”-type messages at the bottom of business emails.  It’s an unnecessary advertisement for someone else’s product in your communication AND sends a variety of poor messages.

Don’t believe it?  Read this article, from the July/August 2011 Palm Beach Bar Bulletin.

Digital Photos Have Metadata Too

August 1st, 2011

Lawyers and businesses overlyfocused on e-discovery often raise interest in other parties’ metadata (as well as concern about their own).  Good practices call for companies and firms to scrub email attachments before sending.  But digital photos are often forgotten and, worse, overlooked by common scrubbing software.  

Even in our personal lives, metadata on our family photos may tell a little too much.

This article, from the June 2011 Palm Beach Bar Bulletin, can help.

Sending Large PDF Documents by Email

July 27th, 2011

Lawyers (and others) often send emails with large PDF and other attachment.

This article from the May 2011 Palm Beach Bar Bulletin will give you some tips and tricks to get around firewalls and other e-barriers.