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Think before you post to social media lest you face 6-month suspension

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. *****   Think before you post to social media lest you face 6-month suspension If I’ve said it once, I’ll say it again: think before your post. This recommendation applies to everyone, of course. But if you’re a lawyer, then you’d best heed my advice and tread lightly when posting commentary online on social media sites or elsewhere. Otherwise you run the risk of running afoul of your ethical obligati...
Tags: Facebook, New York, Law, Social Media, Ethics, Commission, South Carolina, Thomson Reuters, Aba, ABA Journal, Charleston, Floyd, Rochester New York, Respondent, Daily Record--Legal Currents Column, Law & Technology


"Bradley Pitts, a 43-year-old artist, says his climate-related emotions have offered him 'opportunities to engage in decisions in a different way.'"

"After attending Good Grief meetings, he and his wife have shifted personal choices toward adapting to and mitigating climate change. They purchased an old commercial farm in upstate New York, and committed to returning it to meadows and forestland." From (NYT). Good Grief is an organization that offers "a 10-step process" for dealing with climate-related distress. There are "weekly meetings that culminate with a commitment to 'reinvest in meaningful efforts.'"Interesting phrase — "old commerc...
Tags: Psychology, Real Estate, New York, Law, Scotland, Horses, Global Warming, Farming, Bradley Pitts, Ann Althouse, NCF


Here’s why your firm needs to be in the cloud

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Here’s why your firm needs to be in the cloud If you’re familiar with my column you know that I have been urging lawyers to learn about - and use - technology for over a decade now. I always stress how important it is for lawyers to educate themselves about the technologies available for use in their law practice and to make informed decisions regarding which tools to invest in for the long haul....
Tags: New York, Law, Web/Tech, Bill, Thomson Reuters, Aba, ABA Journal, Rochester New York, New York Senate, New York State Senate, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, Bill S6806A, Diane J Savino


Will lawyers continue to be averse to technology post-pandemic?

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Will lawyers continue to be averse to technology post-pandemic? As the pandemic recedes and we head into the “new normal,” no one is exactly sure what law offices will look like post-pandemic. Will lawyers work remotely more often than before? Will the “face time” requirements of year’s past fall by the wayside as remote work increases? Will law firms continue to adopt new technologies into their...
Tags: New York, Law, Thomson Reuters, Aba, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black


No Disciplinary Jurisdiction For National Cable Ads

The Nevada Supreme Court granted a writ of prohibition and concluded that its Disciplinary Board lacked jurisdiction Petitioners are the named partners of Weitz & Luxenberg, P.C., a New York based law firm. Between January 16 and August 20, 2017,... [Author: Legal Profession Prof]
Tags: New York, Law, Nevada Supreme Court, Legal Profession Prof, Bar Discipline & Process, Disciplinary Board, Weitz Luxenberg


"Pornhub vows to guide viewers swiftly past 'all the prude paintings' and take them 'directly to the good stuff' on a dedicated website and app..."

"... which features hardcore reenactments of sexy works housed in six major museums by an amateur couple known by the monicker MySweetApple. In their riff on Edgar Degas’s 'Male Nude' (1856), in the collection of the Metropolitan Museum of Art in New York, the Impressionist painter’s sprawled sitter gets a blowjob.... Kitagawa Utamaro’s 'Fujin sogaku jittai' (1802-1803), according to Pornhub, is 'a woodblock print of a girl washing her hair so blissfully that she hasn’t noticed the monumental ni...
Tags: Art, New York, Law, Museums, Naked, Edgar Degas, Pornography, Pornhub, National Gallery, Metropolitan Museum Of Art, Met, Fujin, Degas, Ann Althouse, lawsuits I hope will fail, Kitagawa Utamaro


Life lessons: what a doctor learned from death and dying in Covid wards

Emma Goldberg followed doctors when Covid first hit New York. Now, as the Delta variant surges across the US, she retells the story of an ICU physician during the horror of the first waveWe’re playing a song for you,” Dr Luis Seija said softly, gazing at his patient. His voice, muffled by two masks and a face shield, fought to be heard above the noise of the hospital room. There were monitors beeping, alarms ringing, the hum of the negative-pressure machines.“We’re playing this for you,” Dr Seij...
Tags: New York, US, Life and style, Society, US news, Hospitals, Emma Goldberg, Coronavirus, COVID, Luis Seija, Seija


Highlighting the drug war's continuing extraordinary toll on people of color

The AP has this lengthy new piece headlined "50-year war on drugs imprisoned millions of Black Americans."  I am a bit troubled by the use of the past tense in the headline because the casualties of the drug war continue to grow every minute of every day we rely on the criminal justice system to deal with drug issues. But, headline quibble aside, this extended AP piece is worth a full read, and here are excerpts: Fifty years ago this summer, President Richard Nixon declared a war on drugs.  Tod...
Tags: New York, Law, America, Ap, Bill Clinton, Associated Press, Black, Nixon, Drug Policy Alliance, Congressional Black Caucus, Richard Nixon, Ronald Reagan George H W Bush, Douglas A Berman, Frederique, Harper 's Magazine, John Ehrlichman


NY’s in-state office requirement is on its last legs

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** For years now, New York has steadfastly resisted the realities of practicing law in the 21st century by requiring non-resident lawyers to have an office in the state. This despite the fact that rapid technological advancements over the past decade have enabled lawyers to work from any location and access case-related information with the click of the button, at any time, day or night. Lawyers are no...
Tags: New York, Law, Senate, Ethics, Thomson Reuters, Aba, Committee, ABA Journal, Assembly, Rochester New York, New York State Bar Association, Bar Association, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black


"Why is the sun red? Wildfire smoke from a continent away spreads to New York."

From the NYT:By late afternoon, the Air Quality Index for New York City had reached 170, well above average. The concentration of microscopic particulate pollution called PM2.5 was nine times above exposure recommendations from the World Health Organization. In a statement, the Department of Environmental Conservation noted that while it was not rare for traveling wildfire smoke to reach the New York region, the smoke usually stayed high in the atmosphere. But in this case, “data showed that th...
Tags: New York, Law, New York City, Fire, The Sun, World Health Organization, Madison, Ontario, Manitoba, Department of Environmental Conservation, Ann Althouse


Weirdest SCOTUS Kink — See Also

Jerking Off To A Supreme Court Decision? And a random one at that. More Raises: For Blank Rome, Duane Morris, and Eversheds. Have A Great Time While You Can, Summer Associates: Because it won't last. Explosive New Sexual Assault Case: Against a former New York Judge.
Tags: New York, Supreme Court, Law, See Also, Blank Rome Duane Morris


Helpful review of some modern US capital punishment realities

Over at the Pew Research Center, John Gramlich has this effective new piece headlined "10 facts about the death penalty in the U.S." In fact, many of the "facts" discussed in this article are facts about polling regarding the death penalty in the U.S. (which makes sense given Pew's recent poll work on this topic). Nevertheless, the piece is well worth a read in full, and here are a few of the highlights I though most bloggy-notable: 1. Six-in-ten U.S. adults strongly or somewhat favor the death...
Tags: New York, Texas, Maryland, Law, Colorado, Washington, Virginia, US, Gop, New Hampshire, Connecticut, District Of Columbia, Illinois, Delaware, Pew Research Center, U S Department of Justice


Lawsuit Accuses New York State Judge Of Demanding Forced Fellatio From Secretary

The judge alleged say it was his secretary's job to relieve his stress.
Tags: New York, Law, Courts, The Jabot, MeToo, Matthew Rosenbaum


Federal District Court judge rules on discoverability of Fitbit data

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Federal District Court judge rules on discoverability of Fitbit data These days, technology is inexorably intertwined with our daily lives. We interact with others online for both business and social purposes. We carry mobile phones with us everywhere we go. We use cloud-based software so that we can access our data and online communications using any internet-enabled device. We purchase and pay ...
Tags: New York, Law, Court, Thomson Reuters, Aba, ABA Journal, Rochester New York, Hollins, Federal District Court, Biomet Inc, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, Guan Hollins


Florida Bar on The Ethics of Accepting Venmo and Other Online Payments

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Florida Bar on The Ethics of Accepting Venmo and Other Online Payments The effects of the pandemic on the practice of law - and on our society overall - will be long lasting and significant. It will likely take years to fully appreciate how much things have changed. That being said, many of the structural modifications to our work culture are already apparent, and have been caused by the increased ...
Tags: New York, Law, Paypal, Web/Tech, Thomson Reuters, Aba, Committee, ABA Journal, Venmo, Florida Bar, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, Florida Bar Ethics Department


'This is really f---ed up down here': GOP Sen. Dan Sullivan called Mark Milley during the Jan. 6 riot and spoke against a tentative plan to evacuate senators, book says

Sen. Dan Sullivan of Alaska. Leigh Vogel/Pool via AP Sullivan told Milley on Jan. 6 that a tentative plan to move senators by bus could present danger. Senators had already been rushed to a secure location within the Capitol after the riot broke out. Pelosi and Schumer later got on a call with Pentagon leaders to express alarm at the response. Sign up for the 10 Things in Politics daily newsletter. After Republican Sen. Dan Sullivan of Alaska surveyed the harrowing scene at the Capitol dur...
Tags: Politics, New York, Congress, California, Washington Post, Senate, Trends, Joe Biden, Fbi, Military, Gop, Alaska, House, Pentagon, Nancy Pelosi, Chris Miller


Are legal professionals ready to return to the office?

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Now that mask mandates are being lifted across the country, the return to in-office work seems inevitable. However, anxiety about COVID-19 remains high due to the absence of consistent universal protocols and less-than-ideal vaccine rates, especially amongst children, many of whom do not yet qualify for the vaccine. For those reasons, many legal professionals are reluctant to return to the office f...
Tags: New York, Law, Africa, Thomson Reuters, Aba, ABA Journal, Baby Boomer, Baby Boomers, Lindsey, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black


Arizona Democrats call for investigation after report that Trump, Giuliani pressured state elections officials

Former New York Mayor Rudy Giuliani listens as U.S. President Donald Trump speaks during a news conference in the Briefing Room of the White House on September 27, 2020 in Washington, DC. Joshua Roberts/Getty Images Phone records show that ex-President Trump and his allies pressured Arizona elections officials. "We need you to stop the counting," Arizona GOP Chairwoman Kelli Ward told an official in Maricopa County. President Joe Biden won Arizona by more than 10,000 votes. See more storie...
Tags: Politics, New York, Law, Washington, Senate, White House, Trends, Joe Biden, Gop, New York Times, Arizona, US Senate, Republican, Biden, Giuliani, Donald Trump


Trump Defeats Lawsuit Over Manipulated Viral Video He Tweeted–Cisneros v. Cook

This case relates to a joyous and heartwarming video you’ve probably seen, where two 2-year-old boys–one black, one white–run up to each other, give each other a big hug like they are long-lost friends, and then run down the sidewalk together in a playful spirit. A Trumpster, Cook, remixed the video (I’m having a hard time finding it online because several services banned the remix). The court describes the remix: Cook added a simulated CNN chyron reading “breaking news” to the footage, changed...
Tags: New York, Cook, Law, America, Cnn, Ny, Trump, Content Regulation, Publicity/Privacy Rights, Cisneros, Trump era Trump, Three Dog Night Black


Interesting (but unclear) local report on federal sentencings in NYC impacted by COVID realities

The New York Daily News has this interesting (but less-than-clear) article discussing some federal sentencing issues under the headline "Brutal conditions in NYC jails during COVID pandemic caused federal judges to impose lighter sentences: analysis."  Here are excerpts: Federal judges handed down dozens of lighter sentences due to brutal conditions in New York City’s federal jails during the coronavirus pandemic, new statistics obtained by the Daily News show. A Daily News analysis of 43 cases...
Tags: New York, Law, Congress, NYC, New York City, Brooklyn, Manhattan, Usc, New York Daily News, Mcc, Daily News, Paul Engelmayer, MDC, Metropolitan Correctional Center, Daniel Gonzalez, Metropolitan Detention Center


Cases on Boston Marathon bomber, CIA secrets headline October argument calendar

Although the Supreme Court only recently finished releasing opinions from its 2020-21 term, it is already looking ahead to the new term that will begin this fall. On Tuesday the court released the schedule for the justices’ October argument session, which begins on Oct. 4 and runs through Oct. 13. The justices will hear oral argument in nine cases over five days (with a day off to observe a federal holiday on Oct. 11), including arguments in two high-profile cases involving the federal governme...
Tags: New York, Featured, Guantanamo Bay, Mississippi, Supreme Court, Law, Kentucky, United States, Cameron, Boston Marathon, Cia, Babcock, Wooden, Dzhokhar Tsarnaev, Brown, Howe


The GOP's top lawyer said Rudy Giuliani's 2020 election lawsuits were 'a joke' and 'are getting laughed out of court'

Former Mayor of New York Rudy Giuliani, left, listens to Sidney Powell, both lawyers for President Donald Trump, during a news conference at the Republican National Committee headquarters, Thursday Nov. 19, 2020, in Washington. AP Photo/Jacquelyn Martin An email The Washington Post obtained shows division within the GOP over the 2020 election. The Republican National Committee's top lawyer criticized lawsuits disputing the election results. Rudy Giuliani retaliated by trying to have th...
Tags: Post, Politics, New York, Law, Washington Post, Washington, Trends, Joe Biden, Gop, Michigan, Biden, Election, Rudy, Giuliani, Donald Trump, Charles Davis


Michael Avenatti Sentenced to 2.5 Years in Nike Fraud Case

Michael Avenatti, the former attorney for Stormy Daniels and self-created pundit, was sentenced in federal court in New York yesterday to 2.5 years in prison for his scheme to defraud Nike. On February 14, 2020, following a three week jury trial, he... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: New York, Law, Nike, Stormy Daniels, Michael Avenatti, Nike Fraud Case


AGAIN: You be the judge: what sentence for Michael Avenatti (and do the guidelines merit any respect)?

UP AGAIN :  I posted this discussion of a notable scheduled sentencing last month just before Michael Avenatti secured a short postponement.  This new Wall Street Journal article, headlined "Michael Avenatti Faces Sentencing for Trying to Extort Millions From Nike," provides an updated review of this high-profile federal sentencing now scheduled for today.  In addition to the prior posting, folks may want to check out the interesting comments from various folks that it generated last month. ---...
Tags: New York, Law, California, US, Nike, David, Wall Street Journal, Stormy Daniels, Franklin, Davids, Paul Gardephe, Douglas A Berman, Michael Avenatti, Gary Franklin, Avenatti, Matthew Podolsky


"When Will Joe Biden Start Using His Clemency Powers?"

The question in the title of this post is the headline of this lengthy New York magazine article by Zak Cheney-Rice.  The obvious answer, of course, is "not soon enough," given that Prez Biden has gone his first six month, amid a global pandemic after campaigning as a reformer, without a single act of clemency.  But the piece strikes a slightly more hopeful tone, and here excerpts:  According to the New York Times, the Biden administration has signaled, as recently as this summer and in multipl...
Tags: New York, Law, White House, Barack Obama, Ronald Reagan, Aclu, New York Times, Bill Clinton, Biden, Times, Donald Trump, Harry Truman, Justice Department, New York University, Trump, Nixon


Important perspectives as rising homicides garner ever more attention

In this round up of recommended reading, I noted the the New York magazine article titled, "Progressives Don’t Need to Downplay Rising Homicides."  I wanted to flag the article again in the separate post because I think this piece provides particularly useful perspectives on the ever-growing concerns about increased homicides in the US and about a variety of reactions thereto.  I highly recommend the piece in full (and its many links), and here I will spotlight just a few of many passages that m...
Tags: New York, Law, Washington, US, America, United States, Medicaid, Douglas A Berman, Iowa Within the District


1H 2021 Quick Links, Part 1 (IP)

Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021):  “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” * RVC Floor Decor, Ltd. v. Floor and Decor Outlet...
Tags: Google, Twitter, New York, Law, Court, Search Engines, Copyright, Patents, Ibm, Domain Names, Trademark, Bell, John Deere, Dent, Stebbins, Plaintiffs


"The political Witch Hunt by the Radical Left Democrats, with New York now taking over the assignment, continues."

"It is dividing our Country like never before! Do people see the Radical Left prosecutors, and what they are trying to do to 75M+++ Voters and Patriots, for what it is?"Said Donald Trump, in a statement quoted in "Trump seeks to use indictments as a political rallying cry as he tries to survive latest legal threat" (WaPo).From the article:People who have spoken to Trump in recent days said he plans to attack the prosecutors at his rallies, raising the fact that both New York Attorney General Let...
Tags: New York, Law, Manhattan, James, Trump, Ann Althouse, Cyrus R Vance Jr, Said Donald Trump, Weisselberg, Radical Left Democrats, Trump the ex-President, Letitia James D


In Barrett’s first term, conservative majority is dominant but divided

At the conclusion of Justice Amy Coney Barrett’s first term, the Supreme Court’s six-justice conservative majority is grappling with its newfound control. A split developing among its members is complicating the conservative revolution some predicted after Barrett’s confirmation last October. But with no anticipation of a Republican-appointed justice retiring anytime soon, and a blockbuster docket next term featuring clashes over abortion and gun rights, the contours of the court’s rightward sh...
Tags: New York, Featured, Mississippi, Supreme Court, Law, California, Joe Biden, Harvard, Philadelphia, Smith, Ruth Bader Ginsburg, Thomas, Democratic, Sonia Sotomayor, John Roberts, Roberts


Lots of recommended reading for a long weekend

A busy week has meant a lot of interesting stories and commentaries have piled up on my "to read" list.  Fortunately, I have a long weekend to catch up.  Here is a (only partial) list of pieces that seem worth checking out: From the Albuquerque Journal, "It makes humane, fiscal sense to release nonviolent inmates" From Business Insider, "4,000 Americans were sent home from prison during COVID. They repaired their lives, but now could be forced back to prison because of a ridiculous technicality....
Tags: New York, Law, Washington, Biden, New York Times Magazine, Albuquerque, Douglas A Berman, Marshall Project Prisons Have



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