According to a recent study, 42% of Florida lawyers used LinkedIn for professional purposes.  An ABA study suggests 90% of firms of all size have a LinkedIn profile. Two helpful but conflicting ethics opinions regarding lawyers’ use of LinkedIn have come from the New York City Bar (“NYC Bar”) and …

In 2011, 2014, and (now) 2016, I have written columns for the Palm Beach Bar regarding how jurors use technology. 2016 is different. The question is no longer whether jurors are using technology (they are), the question is what is their relationship with technology.  Even if someone is extremely tech-savvy, they may …

While the Zapruder film has become a widely-recognized piece of history, the Nix film has been its silent step-sister.  Abraham Zapruder, of course, shot the sixteen second film from atop the Grassy Knoll which captured the initial and fatal shot of President Kennedy.  Mr. Nix was standing on the opposite …

This one page article explains the 9 most common ways your clients and companies get hacked — in a single page Palm Beach Bar article. Don’t know a DDOS from a SQL attack? Brute force or a reverse brute force. Read the kama sutra of hacking-for-lawyers, here.

The recent cases of FTC v. Wyndham and In Re TerraComm and YourTel America, we have seen that federal government agencies are pursuing companies who have negligent cybersecurity standards — and the government is winning. In fact, the government need not point to specific statutory violations to win these cybersecurity cases …

In light of the rulings in FTC v Wyndham and In Re TerraCom and YourTel, it is evident that government agencies are taking the position that they can pursue “common law” cyber security negligence claims rather than relying on standards set by regulation or statute.  At least some of these …

The Department of Defense has issued an Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The specific focus is on new rules  which require contractor reporting on network penetrations. Additionally, this Rule implements DoD policy on the purchase of cloud computing services. The Interim Rule is here. According to …

The National Institute for Standards and Technology issued a “draft” version of a Cybersecurity Practice Guide aimed at doctors, hospitals, and other health care providers. The 82-page Guide discusses how medical providers access patient data remotely and that “the use of mobile devices to store, access and transmit electronic health care …

The Second Circuit confirmed that the Computer Fraud and Abuse Act (18 USC 1030) and the Stored Communications Act (18 USC 2701) calculate the starting point of their two year statute of limitation differently.  If someone’s email and/or social media accounts are hacked, the statutory periods are calculated differently.  This …

What technology and apps should mediators use? Thanks to the Florida Dispute Resolution Center for inviting me to their 23rd annual conference in Orlando, Florida on July 30-31, 2015. Our session, Technology and Apps for Mediators, explained what technology you need to run an effective and profitable mediation office.  We …

The 11th Circuit has reversed a district court ruling and, instead, concluded that Florida’s “docs vs. glocks” law is constitutional.  This is a victory for gun proponents who voice concerns that inquiries from Florida doctors about gun ownership was an invasion of privacy. The case is Dr. Bernd Wollschlaefer et …

The Federal Reserve System issues periodic newsletters to highlight information that community banks may find helpful in order to comply with Federal Reserve policy. To that end, the Federal Reserve’s “Community Banking Connections” is supposed to be a “primary source for information on guidance, resources, and tools to help community …

One area where a person has a fairly wide latitude to allegedly defame someone is… in a court proceeding. Specifically, Florida recognizes a doctrine of absolute immunity for “defamatory words published in the course of a judicial proceeding, regardless of how false or malicious the statements may be, as long as …

.                 In the case of Baywood Nurseries Co., Inc. v. Florida Department of Health, Judge W. David Watkins rendered a massive 68-page Final Order finding that Baywood had standing but failed to meet its burden of proof. As stated in the Final …

      This article, from the Spring 2015 Trial Advocate Quarterly, discusses four (4) reported trial orders  and (3) appellate decisions on social media discovery from Florida. While the orders and opinions are not exactly harmonized, they can be interpreted in a way that counsel for parties seeking social media …