In a landmark decision issued this morning, Southern District of New York Judge Shira Scheindlin struck down as “unconstitutional as applied” the NYPD’s “Stop and Frisk” policy. The decision is the culmination of a nearly four month non-jury trial before Judge Scheindlin in which both sides relied upon statistics and anecdotal evidence to try and… Continue reading Plain Statistics and Common Sense Doomed “Stop and Frisk”
Recently, Michele Catalano an internet journalist who writes for something called DeathandTaxesmag.com started a firestorm this week when she claimed that her home had been invaded by the FBI because of Google searches over the phrase “Pressure cooker.” “This is where we are at,” Catalano wrote. “Where you have no expectation of privacy. Where trying… Continue reading Before You Search at Work Remember: Your Boss Owns Your Computer!
As I read the various arguments made before the US Supreme Court in the two gay marriage cases heard this week, and with Roman Catholic Easter coming up this Sunday, I can’t help but wish we could resurrect my personal legal Jesus, Earl Warren, to replace John Roberts as Chief Justice for awhile. Justice Warren… Continue reading Where’s Earl Warren When You Need Him?
OK I have received many inquiries from people around the country about “FB’s new Guidelines” or “IP issues now that FB is public.” Just about every FB user has seen a proliferation of folks posting a statement about “owning their P rights” etc. It look something like this: In response to the new Facebook guidelines,… Continue reading Viral FB Copyright Notice Of No Use and Largely Unnecessary Unless You are in the Business of Selling Images and Videos
OK so this is not a sexy topic, like the Presidential Debate or Lindsay Lohan’s courtroom attire, but it is important. In a decision that will surprise many litigators, the U. S. Court of Appeals for the Second Circuit (which covers NY) recently held in Chin v. Port Authority that the failure by a law… Continue reading NY Appeals Court: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence
Social media’s insertion into the courtroom continues as a NY Federal Judge ruled that a criminal defendant’s Facebook posts about his criminal activity could form the bass for a search warrant into his home. Federal prosecutors got a look at Melvin Colon’s Facebook profile through the account of one of Colon’s friends, who was a… Continue reading If You’re A Criminal Be Careful Who Your Friends Are (Or Don’t Be An Idiot and Post About Your Crimes on FB!)
Today the Supreme Court in United States v. Jones decided that the District of Columbia’s Police Department’s attachment of GPS device to a suspected drug dealer’s car without a proper warrant violated the Fourth Amendment’s prohibition against unreasonable search and seizures. In overturning the conviction of Antoine Jones, who had received a life sentence for… Continue reading Supreme Court Rules Police Attachment of GPS to Car Requires Warrant
Bruce Bent II was an executive and co-owner of Reserve Management Co. Inc. (RCMI) involved in an SEC investigation over alleged securities violations. The SEC sought to compel RCMI’s production of 60 e-mails between Bent and his wife that were exchanged during the two-day period after Lehman Brothers’ bankruptcy announcement, during which a run on… Continue reading NY Fed. Court Issues Reminder About Lack of Privacy in Work Emails
They say you should never discuss religion and politics among friends and family but who cares what “they” say anyway? Today’s NY Post’s front page, which I saw yesterday in the deli, reads: “Mike’s Mosque Mania.” I’ll summarize the article so you won’t have to bother to read the Post: The author chastises NYC… Continue reading Upset About Mosque Near Ground Zero? Blame Tom Jefferson