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Obtaining Evidence from Social Networking Sites
Last month, we discussed some of the legal and ethical issues surrounding access to and use of information available through social networking media. In New York, thanks to a 2010 New York State Bar ethics opinion, attorneys may be confident that the State Bar will consider their behavior ethical if they access information made available to the public, even without permission. However, if the attorney (or his or her agent) uses trickery to gain access to data that the owner allows only certain people to see, the ethical line will be crossed. Ultimately, if an attorney suspects that private data could be useful to the litigation of a family issue, court intervention should be sought.
The reasons for worrying about all of this are fairly obvious. As the City of New York Committee on Professional Ethics observed in its Formal Opinion 2010-2 (discussed in Part One of this article), allegations of infidelity sometimes may indeed be able to be substantiated by postings on Facebook, Twitter, MySpace and their brethren. This is not the only reason for family attorneys to seek access to social networking data. For example, it might prove useful in showing a court that a parent is not fit to retain custody of a child, or should be permitted only supervised visits. Or, as in the recent case of B.M. v. D.M., 31 Misc.3d 1211(A), Slip Copy, 2011 WL 1420917 (Table) N.Y.Sup.,2011. (Sup. Ct., Richmond Cty. 4/7/11) (DiDomenico, J.), evidence available on a social networking website could impact how much ongoing maintenance an ex-spouse should be ordered to pay.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.