December 2016 Archives

The Basics of a Lawyer's Smartphone

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By Jim Calloway

At the OBA Annual Meeting, during a discussion about smartphones, an attendee pulled out an old-style flip phone and smiled at us. This happens a lot, although not nearly with the frequency it did several years ago. Sometimes the lawyer is a bit sheepish about still having an old flip phone and other times they are quite proud of it, having avoided what they view as the additional complexity and expense of operating a smartphone.

I am not judging anyone for their phone. Even the most fervent users of smartphones would agree that they are a mixed blessing. Even carrying a flip phone still means that most serene weekend afternoon or private moment can be interrupted by a call. It is a part of life today. And flip phones do have the advantage of never having a reported episode of bursting into flame.

The idea of individuals carrying a device that is a phone and a powerful computing device connected to the internet is not going to go away. I used to do seminars about apps for lawyers' mobile devices, but now it is easy to do a quick search for any function and find articles comparing and contrasting various mobile apps.
 
A challenging thing about technology, however, is knowing what you don't know.
 
So let's cover a few things lawyers can do with their smartphones today.






Updated Resource:

PROTECTIONS FOR TRANSGENDER AND GENDER-NONCONFORMING PEOPLE

Our Know Your Rights Guide for transgender and gender non-conforming New Yorkers has been updated and is now available in Spanish!  It explains in plain language what discrimination might look like and how to access your rights under the New York State Human Rights Law.  You'll also find other helpful information, including facts about additional laws and regulations that protect transgender and gender-nonconforming people, and a list of legal advocates around New York State that may be able to advise you of your rights and help you navigate the legal process.

Please share this guide with your networks and anyone you think would find it helpful.


Read more...


Pulse Nightclub Shooting Victims Sue Google, Facebook, Twitter - CourtSide

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By Christopher Coble, Esq.

***

The families' lawsuit is somewhat unique however, in that it contends that by pairing advertising with ISIS-related postings the sites are creating "specific unique content," which falls outside of Section 230 protections. You can read the full lawsuit below:

Earl Crosby, et al. v. Twitter, Google, and Facebook by FindLaw on Scribd

- See more at: http://blogs.findlaw.com/courtside/2016/12/pulse-nightclub-shooting-victims-sue-google-facebook-twitter.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FLCourtSide+%28CourtSide%29&DCMP=NWL-cons_breakingdocs#sthash.GIelhw7b.dpuf

Just the Facts: U.S. Courts of Appeals | United States Courts

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Just the Facts is a new feature that highlights issues and trends in the Judiciary based on data collected by the Judiciary Data and Analysis Office (JDAO) of the Administrative Office of the U.S. Courts.

In this installation get a snapshot of the U.S. Courts of Appeals.

South Carolina Proposes Law To Ban Porn Unless Customers Pay $20

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By 


Legislators in South Carolina have moved a new bill which would make it illegal for a smartphone, tablet or computer to be sold in the state without a porn filter. The filter will render the device incapable of accessing online porn. However, those who want the ability to access adult content online will have to pay an additional $20 in order to purchase a smartphone, tablet or computer without a porn filter.

***

The sponsors of the bill haven't really provided any technical details about how the porn filter is going to work, whether it's going to be installed at the factory for the aforementioned devices or if sales representatives will install it at the point of sale. There's also the question of this entire act infringing on First Amendment rights.




New York is one of 20 states that have filed a federal antitrust lawsuit against six generic drug makers alleging that they entered into numerous illegal conspiracies in order to favorably affect the market for an antibiotic and an oral diabetes medication in their favor, state Attorney General Eric Schneiderman's office said Thursday.
State Attorney General Eric Schneiderman. (Paul Buckowski / Times Union)

State Attorney General Eric Schneiderman. (Paul Buckowski / Times Union)

Heritage Pharmaceuticals, Aurobindo Pharma USA, Citron Pharma, Mayne Pharma, Mylan Pharmaceuticals and Teva Pharmaceuticals USA are being targeted by the lawsuit.

The lawsuit claims that the companies engaged in the alleged illegal conspiracies in order to unreasonably restrain trade, artificially inflate and manipulate prices and reduce competition in the United States for doxycycline hyclate delayed release, the antibiotic, and glyburide, the oral diabetes drug. An investigation, initiated in Connecticut in July 2014, related to a number of additional generic drugs is ongoing, Schneiderman's office said.

The lawsuit alleges that senior executives and subordinate marketing and sales executives coordinated to reduce competition with knowledge that their conduct was illegal and that they sought to avoid communicating in writing or delete written communications after they became aware of the investigation.

Read more....

Professional Development and Parent Seminar--Free

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The Center for Autism and Related Disabilities (CARD Albany) is pleased to announce the 2016-17 professional development and parent seminars - The seminars are offered at no cost to participants

 

Addressing the Core Deficits of Autism Spectrum Disorder in the Classroom: Evidence-Based Strategies for Teaching Social- Emotional Skills to Students with ASD

Students with ASD have persistent deficits in social communication and social interaction across contexts; these deficits often include social-emotional reciprocity and non-verbal communication. This seminar will focus on foundational social skills, an overview of assessment/curriculum tools and it will highlight several instructional strategies to help support students with ASD.

 

Addressing the Core Deficits of Autism Spectrum Disorder in the Classroom: Supporting the Understanding and Development of Peer Relationships

As a core deficit in ASD, students have deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers. This session will discuss the importance of friendships, along with interventions that target the development of peer relationships.

 

Seminar flyer: http://www.albany.edu/autism/files/Spring_2017_PDPS_Flyer.pdf

 

Register online: http://www.albany.edu/pdps/form.php

 

 

Kristin V. Christodulu, Ph.D.

Director, Center for Autism and Related Disabilities

Statewide Coordinator, NYS Regional Centers for Autism Spectrum Disorders

Clinical Associate Professor, Department of Psychology

University at Albany, SUNY

1535 Western Avenue

Albany, NY 12203

PH: 518-442-2574

FX: 518-442-4834

EMAIL: kvchristodulu@albany.edu

WEBSITE: www.albany.edu/autism


iOS 10.2 is here with new emojis, a TV app, Photo updates and more - CNET

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Apple released iOS 10.2 new features and bug fixes for your iPhone. It's a big midyear update that includes news emojis, a TV app and much more. Here's everything the update includes.

Editors' note: This post originally rounded up features included in iOS 10.2 beta. At least one of the beta features -- emergency SOS -- was excluded from the public release. 



By William Vogeler

Some things can't wait, like when a Florida lawyer desperately needed to leave the courtroom to go the bathroom.

But poor Jeff Tomberg had to wait 18 months for a court of appeal to excuse him. The appeals court said the trial judge should have allowed Tomberg to argue a motion, even though he was late to a hearing because he was in the bathroom. The justices said the judge abused his discretion in refusing the lawyer's request to be heard.


"Here, because plaintiffs' counsel was only a few minutes late for the summary judgment hearing and offered a patently reasonable explanation for his tardy appearance, and there was no showing of prejudice or willful misconduct, we find that the trial court abused its discretion in refusing to allow plaintiffs' counsel to present argument at the hearing," the Fourth Circuit Court of Appeal said.


In other words, "Yes, Jeff, you may go now.






***


Tomberg thought he would be excused for being a few minutes late that day, but he didn't expect to become famous for it. He once won Ohio's largest jury verdict for a child's wrongful death, argued before the Florida Supreme Court, and practiced 39 years as a board certified trial lawyer.

"There's an unfortunate irony here that this is what I'll be known for," he told Daily Business Review.





Immi

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Immi helps immigrants in the U.S. understand their legal options. Their online screening tool, legal information, and referrals to nonprofit legal services organizations are always free to use. Immi was created by the Immigration Advocates Network and Pro Bono Net, two nonprofit organizations dedicated to increasing access to justice for low-income immigrants.


The Immi Process:

  • Start by completing the online interview to understand your immigration options. This should take you between 10 and 30 minutes, depending on your answers. At the end, you will receive personalized results that explain your immigration options, as well as why you might qualify and potential risks.
  • After you have completed the online interview, you can access your results by sending them to your email or mobile phone.
  • Learn about U.S. immigration law by visiting the immi Learning Center. If you have a question about a specific immigration term, you can also search our glossary.
  • Find Legal Help. Our network of over 1,000 nonprofits can assist you for free or at a low cost. Type in your zip code to find an organization near you. Tip: You can print your immi results to bring to your first meeting with a legal advocate.
  • Has your situation or the law changed? Take the immi Interview again.

email app for iPhone iPad and Mac | Spark

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SPARK
SCIENCE

Spark, a mobile and web-based application, is designed to add ease and organization to emailing. The app sorts emails into categories for easy browsing and allows users to quickly search their emails with user-friendly language (e.g. "email from Amina last week"). Another feature of Spark is the ability to "snooze" emails and reply to them at a later time. This email app boasts a sleek interface and is integrated with a number of other organizational and collaborative tools, such as Dropbox, Evernote, and Google Drive. Currently, Spark is only available for Apple devices.


IMAP based email only.  Not available for POP.


Copyright © 2016 Internet Scout Research Group - http://scout.wisc.edu




BY DEBRA CASSENS WEISS for ABA Journal


Lawyers who receive emails about a complaint filed against their business may have a problem--but it's not because of an angry client.

Officials in multiple states are warning that the emails invite the lawyers to click on a hyperlink to view the complaint. Clicking on the link will open a website that installs malicious software or ransomware on the lawyer's computer. Ransomware blocks computer access until the computer user pays money to get it unlocked.

Officials in New YorkTexasPennsylvaniaMarylandand Florida are among those warning about the scam. Lawyers who received such an email should delete it immediately and should not click on the link, according to a press release by New York Attorney General Eric Schneiderman.

***

Above the Law reports on other email scams in this article. Ransomware victims can file a complaint with the FBI's Internet Crime Complaint Center.


Read more about scams directed at lawyers....



Merkel ally threatens Facebook with fines over online hate speech | Reuters

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A senior German conservative has warned Facebook it could face fines if it fails to act faster to tackle online hate speech, and he said the government could propose legislative measures in the new year.

Speaking at a party conference of Chancellor Angela Merkel's Christian Democrats (CDU) in Essen, western Germany, Volker Kauder suggested politicians were running out of patience with efforts by social media providers to crack down on hate speech. 

"I expect from big companies like Facebook that they adhere to laws. If they are not respected than we must think about new possibilities, fines for example," he said.

Read more...


Criminal Charges Against 'Pizzagate' Shooter - CourtSide

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Fortunately for all involved, Edgar M. Welch surrendered to police before anyone was injured. Still, the man who took it upon himself to find out whether a popular Washington D.C. pizza restaurant was a front for a child sex slavery ring committed very real and very dangerous crimes even if the basis of his investigation was fake news. In the criminal complaint, filed in the Superior Court of the District of Columbia and included below, you can see the crimes Welch is charged with, along with an account of his arrest and what he told officers regarding his motives. - See more at: http://blogs.findlaw.com/courtside/2016/12/criminal-charges-against-pizzagate-shooter.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FLCourtSide+%28CourtSide%29&DCMP=NWL-cons_breakingdocs#sthash.XkJZ0oNV.dpuf


Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;"> Criminal Complaint Re Edgar M. Welch by FindLaw on Scribd

http://blogs.findlaw.com/courtside/2016/12/criminal-charges-against-pizzagate-shooter.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FLCourtSide+%28CourtSide%29&DCMP=NWL-cons_breakingdocs








At least 74 opinions, memoranda, and letters issued by the Justice Department's Office of Legal Counsel (OLC) between 2002 and 2009 on core post-9/11 national security topics, including intelligence activities and the detention and interrogation of terrorist suspects, remain entirely classified, according to a new report by the Brennan Center for Justice at NYU School of Law. OLC's advice is legally binding on the executive branch in the same way a court order would be.

OLC opinions are just one component of an unprecedented buildup of secret law created by the federal government since 9/11 through a range of unpublished legal rules and opinions - all issued without public scrutiny or input - that govern policies affecting the lives and liberties of U.S. citizens.

Relying partly on new data obtained through Freedom of Information Act requests, the Brennan Center's report, The New Era of Secret Law, concludes that secret law is prevalent throughout all three branches of government. Along with OLC opinions, the report examines classified rulings of the Foreign Intelligence Surveillance Court (known as the "FISA Court"), secret presidential directives, unpublished regulations, redacted opinions in regular federal courts, agreements with foreign nations, closed immigration proceedings, and even classified provisions of legislation.


Read more...

Dyson Unveils Office Lights That Will Last 22 Years | Ubergizmo

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One of the benefits of using LED lights is that they last longer and they consume less energy, so while they might cost more than regular lights, in the long run you should save yourself some money. However it seems that over at Dyson, they have created a lamp called the Cu-Beam Duo that will apparently last for 22 years before you need to change its bulb.


Jumpshare: Free Image and File Sharing, Send Big Files, View Files Online

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JUMPSHARE
SCIENCE

Jumpshare is a free file-sharing tool that allows users to instantly and securely share material with others, enabling easy collaboration on projects. Jumpshare may be downloaded as a web app on Apple or Windows computers, or as a mobile app on iOS or Android devices. Once downloaded, users can share an extensive assortment of documents, ebooks, images, videos, and other file types (interested users can check out the complete list of supported file formats on this website). In addition to Jumpshare's versatility and compatibility across multiple devices, the tool also syncs with a handful of workplace collaboration programs, including Slack and Asana. The basic version of Jumpshare is free; users can upgrade to a paid subscription for additional storage space. [MMB]

Copyright © 2016 Internet Scout Research Group - http://scout.wisc.edu

Harvard law professor Mark Tushnet says he isn't bothered by his inclusion on a conservative group's new watch list of leftist professors.

"It's not a big deal," Tushnet tells the Harvard Crimson. "It comes with the territory."

Tushnet is among nearly 200 professors on the "Professor Watchlist" created by the group Turning Point USA. The list aims to "expose and document college professors who discriminate against conservative students, promote anti-American values, and advance leftist propaganda in the classroom." The New York TimesNew York Magazine and the Chronicle of Higher Education have stories.

The watch list targets Tushnet for a May 2015 blog post saying conservatives lost the culture wars, and it's time to take a hard line with the losers.

Critics told the Times that lists like the one created by Turning Point USA are intended to intimidate professors from speaking out.


Read more...

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