With the ever evolving cyber threats, it is important to we understand our social media accounts and the way in which they make us vulnerable.

Social media (i.e., Facebook, Instagram, WhatsApp, Snapchat…) is free to members because the companies make money by selling targeted advertisements to their users.  Ever wonder why, after “liking” a particular pair of shoes that advertisements
Continue Reading Phishing Risks Associated with Social Media

Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence).   Although emoticons began appearing in court in 2004, their presence has risen exponentially.  In fact, just last month, Eric Goldman of the Santa Clara Law School reported in the
Continue Reading Cases Involving Emoticons As Evidence Are On the Rise

It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated with relevant technology.  And, relevant technology is not limited to electronic dockets (i.e., NYSCEF, and ECF) and preserving text messages a client sends about his/her representation.  Rather, relevant technology includes today’s world of social media including Facebook, Twitter, Instagram, and
Continue Reading The Risks of Social Media in Litigation

The American Bar Association Ethics 20/20 Commission and Rule 1.1 provide that a lawyer’s duty of competence “[t]o maintain the requisite knowledge and skill, [requires] a lawyer [to] keep abreast of changes in law and its practice, including the benefits and risks associated with relevant technology.”  The New York County Lawyers’ Association Professional Ethics Committee Formal Opinion 749 (Feb. 21,
Continue Reading Ethical Information Gathering When Using Social Media

Federal Rule of Civil Procedure 37 (along with others — Rules 1, 16, 26 and 34) was amended, effective December 1, 2015.

The amendment to Rule 37(e) was intended, in part, to ensure practitioners/litigants were fully aware of their preservation obligations, to ensure a uniformity of sanctions imposed upon parties and practitioners who failed to preserve discoverable electronically stored information


Continue Reading E-Discovery Update: ESI Sanctions in Federal Court During 2016 (Well, through July)