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 …
Tag Archive: expectation of privacy
Nov 26 2012
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, …
Oct 05 2012
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 …
Aug 14 2012
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 …
Jan 23 2012
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 …


