Categories
Constitutional Law Criminal Law Litigation

Plain Statistics and Common Sense Doomed “Stop and Frisk”

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 […]

Categories
Constitutional Law Employment Law Intellectual Property

Before You Search at Work Remember: Your Boss Owns Your Computer!

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 […]

Categories
Constitutional Law Litigation

Where’s Earl Warren When You Need Him?

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 […]

Categories
Copyright Law Entertainment Law Intellectual Property Litigation Trademark Law

Viral FB Copyright Notice Of No Use and Largely Unnecessary Unless You are in the Business of Selling Images and Videos

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, […]

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General Intellectual Property Litigation

NY Appeals Court: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence

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 […]

Categories
Constitutional Law Criminal Law Intellectual Property Litigation

If You’re A Criminal Be Careful Who Your Friends Are (Or Don’t Be An Idiot and Post About Your Crimes on FB!)

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 […]

Categories
Constitutional Law Litigation

Supreme Court Rules Police Attachment of GPS to Car Requires Warrant

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 […]

Categories
General Litigation

NY Fed. Court Issues Reminder About Lack of Privacy in Work Emails

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 […]

Categories
General

Upset About Mosque Near Ground Zero? Blame Tom Jefferson

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 […]