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Constitutional Law Litigation Restaurant and Hospitality Law

Will Pink Slime Lawsuit Stick? I Think Not.

Beef Products Inc., the makers of “lean, finely textured beef” as the product is officially called has filed a $1.2 Billion lawsuit against ABC News over its coverage of “pink slime” beef. Six individuals were also sued, including ABC News anchor Diane Sawyer, and the reporters Jim Avila and David Kerley. Another defendant is Gerald […]

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Constitutional Law Criminal Law Intellectual Property Litigation

Government Needs Only Subpoena Not Warrant To Get Twitter Feeds

Just this morning, a client asked me a question: Can his potential adversary use deleted, private Facebook messages between them as evidence in the breach of contract case he was thinking about bringing in court? (Of course if the adversary had not also deleted them, he could just introduce them that way, but the client […]

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Constitutional Law Criminal Law General Intellectual Property Litigation

NY Court Rules Calling Someone “Extortionist” Is Not Defamatory

The then Mayor of the Village of Freeport was vindicated by the Second Department (a NY Appeals court covering Brooklyn, Queens, Staten Island, Nassau, Suffolk, and parts of Upstate NY), for remarks he made in a public election debate during which he called the plaintiff, a commercial real estate developer, “an extortionist” who was “trying […]

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Constitutional Law Litigation

Atheist Teen Forces School to Remove Prayer From Wall After 49 Years

Give 16 year old Jessica Ahlquist an “A” for “chutzpa” for being the successful lead plaintiff in a lawsuit brought by the ACLU against a Cranston Rhode Island school district that forced the district to cover up an eight foot high prayer in the school auditorium. The prayer had been there for 49 years and […]

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General Litigation

Dismissal of Twitter Stalking Case Has Broad Implications for the Internet

In a decision that will resonate throughout cyberspace, Maryland Federal Judge Roger W. Titus has dismissed an indictment against a California man who was arrested for stalking a Maryland woman through blog posts and Twitter feeds. The case US v. William Lawrence Cassidy is also an example of how Federal Courts can use the intent […]

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General Litigation

Anniversary of Key Civil Rights Decision Serves as Reminder of Importance of Legal System

Yes, yesterday was the 48th anniversary of the assassination of JFK. There were various blog posts, FB status updates and other commemorations of the historic event. But very little was written about the 40th anniversary of a landmark Supreme Court decision that changed this country forever. On November 22, 1971, the Supreme Court issued Reed […]

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General Litigation

9-11 and the Law

Like all NYers,I was devastated by the 9-11 attacks. And like many Nyers I have mixed emotions about commemorating the ten year anniversary of the attack. Yes, its fitting that we remember and honor those who died that day but at the same time, the hair on the back of my neck stood up when […]

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Litigation

Missouri Ban on Student-Teacher Facebook Connection Will Not Survive First Amendment Challenge

OK so who thought this was a good idea? Missouri lawmakers passed a law that contains this provision: No teacher shall establish, maintain, or use a work-related internet site unless such site is available to school administrators and the child’s legal custodian, physical custodian, or legal guardian. No teacher shall establish, maintain, or use a […]

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General Litigation

Suffolk County Needs A Lesson in the First Amendment

Last week a Suffolk County Judge threw a blogger out of a criminal courtroom trial because she was blogging about events that happened in an open courtroom. The judge, James F.X. Doyle was concerned that the blogger had been posting “sensitive information” that prospective jurors had been revealing during the jury selection process. Apparently the […]