Odd Wasserman, Pinterest Is Now the Has Skyrocketed Its Way to Becoming the Policy Tracks the Requirements of the to “Repin” Materials, the Terms Did Not No

NEW YORK

NCovember 20O12 UNTY VisitLus at wwwA.nycla.orgWYER Volume 7 / Number 17 Social Media News INSIDE

By William R. Aronin, Esq. one of his Facebook friends. 3 While the benefits to the police are Annual Dinner ...... 9 New Policy Allows NYPD to Use clear, others are concerned with the Fake Accounts to ‘Friend’ Suspects potential for abuse . When asked about Recently, Police Commissioner the new policies, Christopher Dunn, Raymond Kelly issued a five-page associate legal director for the New LinkedIn for the Job memo detailing departmental poli - York Civil Liberties Union, told the cies regarding the use of social Daily News that “Electronic undercov - Search ...... 13 media when conducting investiga - er work is fine. But we worry about tions. While the memorandum itself the ease with [sic] the police can use is not publically available, The New deceit on the Internet to monitor pri - York Daily News first reported 1 on vate communication.” Pinterest Copyright two of the more controversial aspects of the new rules. Although approved by the NYPD’s Angst ...... 2 new guidelines, this policy violates Investigators are now permitted to use Facebook’s own terms of service, aliases, and create fake social media which allows users to create a pseudo - accounts that they can then use to nym, but only after providing the serv - Social Media and the “friend” potential suspects. ice with the user’s real name. Additionally, they will be provided Recently, in an interview with CNN, 'Like' ...... 3 department-issued laptops and Joe Sullivan, Facebook’s chief securi - Internet connections that, supposedly, ty officer explained that “It just under - TABLE OF cannot be linked or traced back to the mines the integrity of our whole service if CONTENTS NYPD. Law enforcement has long used the Internet we allow people to use fake accounts.” 4 to catch and prosecute criminals. In a Many in the police department believe that recent LexisNexis Risk Solutions survey of Facebook and Judges Annual Dinner ...... 9 monitoring social media can provide 1,200 Federal, State, and Local officials, 67 Last month, a Florida State appellate court important information needed to combat percent believed that social media helps ruled that a Facebook friendship between Circulating Legal Articles ...... 5 violent crime. In fact, Bloomberg solve crimes more quickly . Moreover, a judge and prosecutor, created a reasonable Businessweek reports 2, that just last week, recent Southern District case held that a fear that a criminal defendant would not CLE Institute ...... 4 defendant had no reasonable expectation of the NYPD decided to “double the size of receive a fair trial, and disqualified the Digital Training Center CLEs ...... 10 its gang unit ... to combat teen violence privacy in his Facebook posts, and that the judge from presiding over the matter. 5 This fueled by dares and insults traded on social Government did not violate the Fourth decision to disqualify was based primarily on Ethics Hotline ...... 15 media.” Amendment by accessing the page through (See Social Media News on Page 10) Legal Hacking ...... 12 NYCLA Provides Hurricane Assistance to Library Notes ...... 10 LinkedIn for the Job Search ...... 13 Legal and Greater Community Message from Barbara Moses,

To aid members of the community left stoves. Drop off a donation today and help lawyers who have been impacted by NYCLA Foundation President ...... 6 devastated in the wake of Hurricane someone left devastated by the hurricane. Hurricane Sandy and lawyers who are Message from Stewart D. Aaron, Sandy, NYCLA is providing assistance to looking for temporary offices space are lawyers and members of the greater com - Legal Counseling Program Expanded invited to contact Diana Lamb at NYCLA President ...... 3 munity through a variety of efforts to help NYCLA is expanding its Legal [email protected] or 212 267 6646 with hurricane victims get back on their feet Counseling Project to include insurance office location available or requested; Modern Post Road ...... 11 immediately and in the long term. law to help the victims of Hurricane availability (number of seats/desks/confer - Pinterest Copyright Angst ...... 2 Sandy with insurance claims or coverage ence room available) or need (number of Hurricane Relief Drive issues. The Project currently provides seats/desks conference rooms needed); Recent Event Photos ...... 8 NYCLA’s Young Lawyers’ Section is col - limited legal advice in the areas of land - amenities (computers, Internet, power, or lecting donations of water, non perishable lord/tenant, consumer bankruptcy, other) available or needed; and instruc - Service of Process ...... 7 foods, batteries, and other items for those employment and family law. NYCLA tions for how to be contacted. Social Media and the 'Like' ...... 3 affected in receptacles in the lobby of its members in good standing, with at least 3 14 Vesey Street headquarters between years Insurance Law experience who are Assistance to Displaced Members Social Media and You ...... 6 Church and Broadway. The association is interested in counseling clients affected NYCLA’s facilities, which include the also accepting donations, from members by Hurricane Sandy, are invited to e-mail Library and conference rooms, are avail - Social Media Content ...... 2 and the public, of flashlights; candles; Lois Davis at [email protected] for more able to NYCLA members who have been lighters and matches; warm clothing in all information. temporarily displaced from their offices. Social Media Image ...... 12 sizes for adults and children including All members are invited to utilize the Social Media News ...... 1 coats, hats, and boots; blankets; hand san - Office Share Program NYCLA Library facilities during operat - itizers; baby clothes and food, and baby NYCLA is matching up lawyers with ing hours to assist with work and to Upcoming Events ...... 9 formula; wipes; pet food; tampons; extra office space with lawyers who have access the Internet. To reserve a meeting non electric can openers; toilet paper; been displaced from their offices due to space, contact Diana Lamb at What's Tweeting ...... 9 paper towels; trash bags; cleaning sup - the hurricane. Lawyers who have office [email protected] or 212-267-6646. plies; and propane grills or camping space to share are invited to help fellow 2 November 2012 / The New York County Lawyer Social media content: Who really owns your post, pin, tweet, or share?

By Jason Tuttle, Esq. As always, the legal answer is ‘it However, Twitter is increasingly being have commented on what they see as a depends.’ Because intellectual property used to deliver content that is almost cer - looming (but as yet unrealized) copy - The advent of law analysis is such a fact-specific tainly does reach the copyright thresh - right problem for Pinterest, in that many social media process, the best anyone can hope to pro - old, such as Jennifer Egan’s delivery of users frequently pin photos they online has chal - vide is a general framework of where to her short story, Black Box . This Pulitzer encounter from various other websites, lenged the way we begin. But the first step (and perhaps the Prize winning author serialized a story without regard for copyright ownership think about intel - least useful step) is to look at the terms through The New Yorker’s Twitter of those original images. But what hap - lectual property of service for whatever outlet you are account over the course of nine days pens when you are posting your own ownership. using. For instance, Twitter, Facebook, beginning in May 2012. Other authors original images? As noted in the terms Previously, the and Pinterest’s terms of service all indi - are writing stories and poetry 140 char - of service, Pinterest does retain certain digital media rev - cate that users retain their rights to any acters at a time as well to fall within the rights to user-generated content, and olution and the widespread availability of content they post, except that the act of Twitter limit . It seems likely that for at does encourage the community of users personal computers allowed the general tweeting/posting/pinning grants each least some of these authors, a court to re-pin various images as often as they public to begin making and redistributing respective company a license to repro - could find a copyrightable work exists. desire. So once a user starts pinning exact copies of digital media, from books duce that content and re-broadcast it to original content, he/she should not be to movies to music. The advent of social its users until it is either removed from Facebook and Google+ are moderately surprised to see it turn up in the pin media, such as Facebook, Twitter, and the service or for a ‘commercially rea - similar to the ‘traditional’ blog, and are in boards created by other users. Pinterest, have only further exacerbated sonable amount of time.’ Much commen - a sense, somewhat analogous to the tradi - these challenges. Each new social media tary has been wrung from the various tional newspaper column. There are even Overall, it seems that those who create outlet that appears attempts to re-define terms of service documents offered by a number of businesses now that will take original content for social media online the genre and provides a unique twist. many of these companies, often while your blog and print a number of posts will generally retain rights to their con - This has caused no end of legal noting that the rights retained by the together in book format, both for purely tent, but will also typically be granting, at headaches for those who produce, market, companies seem to overwhelm any personal use or for resale. Thousands of least for a limited period of time, a broad and distribute original content. The play - rights retained by the users. But general - blogs generate new original content on a license to use the content to whatever ing field for digital content delivery is ly , users retain rights to their original regular basis and there is generally no service the content is being posted on. If constantly changing, and yet, with the content, but does grant a pretty broad question that this content can be protected you are a content generator, social media vast amount of digital commerce, no one license to whatever company they are by copyright law. As new as these various seems like it could be a great way to wants to miss the game. posting at. But the next question is, what services are, they are somewhat more potentially get your foot in the door and rights does a user actually have to begin understood by the courts at this point, start building a name for yourself, since Now, the booming popularity of social with? especially since police jurisdictions these services encourage that content be media outlets have also provided a around the country have begun using shared with the community as a whole. newer, and much faster-moving, outlet Well, the second step is an analysis of these sites in criminal investigations. On the other hand, if a content generator for copyright infringement. The big intellectual property law to see if there Content created through these services in desires to retain more firm control over advance with social media is that it turns are existing protections for the user’s these formats will still have to meet its work, it might be best not to deliver the tables on users and puts them in a content. For most people this means threshold requirements to gain copyright that content through social media plat - place where they are now the content cre - assessing if the content they are generat - protections, but at least it seems generally forms. It is one thing to maintain a social ators. Every time a user uploads a post, ing falls into the protections of copy - accepted that they are capable of meeting media presence for marketing purposes, pins an image, sends a tweet, or shares right law. Brock Shinen has a thorough those thresholds. but something else to deliver actual con - something online, he/she is adding to the analysis of the difficulty you would tent through social media. aggregate social content . Many users just have in copyrighting a Tweet at Pinterest is one of the newer kids on the link to content created by someone else, canyoucopyrightatweet.com, so I will block as far as social media goes. Jason Tuttle, a NYCLA and but there are an increasing number of simply direct you there, but the short of Pinterest encourages users to upload, or Entertainment, Intellectual Property and users who are actively creating and post - it is, most Tweets probably aren’t copy - ‘pin’ images to personal or public Sports Section member, is a 2007 gradu - ing their own original content. Provided rightable. Similarly, most Facebook boards, and group these images along ate of Franklin Pierce Law Center and that the content users’ post is something posts likely also fail to reach a threshold themes. Users can then share these has worked in New York City as an new that was created, what rights do they that would be required for copyright. image boards and re-pin images they agency attorney for the Department of legally retain ? like from the boards of others. Many Homeless Services since 2008. Why All the Copyright Angst Over Pinterest?

By Jane Chuang, Esq. content owners now have a clear mecha - they uploaded, potentially increasing their and media law issues. nism to take down any infringing works liability if the content was infringing. In Just a few years after its launch, Pinterest under Pinterest’s Copyright Policy. 6 This addition, although users were encouraged 1. Todd Wasserman, Pinterest is Now the has skyrocketed its way to becoming the policy tracks the requirements of the to “repin” materials, the Terms did not No. 3 Social Network in the U.S. [STUDY] , third most-visited social networking site Digital Millennium Copyright Act of contain a license provision to allow users April 6, 2012, in the United States, after Facebook and 1998’s (“DMCA”) safe harbor provisions, to “pin” content already uploaded to at http://mashable.com/2012/04/06/pinterest- Twitter. 1 Pinterest allows users to “pin” as Pinterest is taking the position that it is Pinterest by others. These concerns were number-3-social-network/ (based on total vis - its). their favorite images on the web in a vir - a “service provider” to protect itself from addressed with a revision of the Terms in 7 2. Lauren Indvik, Pinterest Becomes Top tual collage and share them with others, liability for copyright infringement. April 2012 by deleting the word “sell” Traffic Driver for Women’s Magazines , offering another way to sift through the from the list of licensed rights and provid - February 26, 2012, enormous amount of information avail - Second, users have raised concerns with ing other users with a license to use at http://mashable.com/2012/02/26/pinterest- able on the Internet. Pinned content often Pinterest’s Terms of Service (“Terms”) and uploaded content. 11 womens-magazines/. links back to the original source—this has their potential liability under those terms. 8 3. Beth J. Hayden, How Artists Can Harness led Pinterest to become the top referral As with other social networking sites, While these steps go a long way to allay the Power of Pinterest , February 27, 2012, at site for lifestyle, home décor and cooking Pinterest’s Terms make the user responsi - artists’ and users’ concerns, both artists http://www.artbizblog.com /2012/02/hayden- magazines and websites. 2 ble for obtaining the appropriate permis - and users should exercise caution to pro - pinterest.html. sions before pinning any images. The user tect themselves from copyright concerns 4. Steve Eder, In Shift, Pinterest Say toyou’re As Pinterest becomes more popular, its is also responsible for indemnifying that cannot be addressed by Pinterest’s your Own Stuff , March 26, 2012, at intellectual property policies have come policies (which are drafted to protect http://online.wsj.com/article/SB1000142405270 Pinterest for liability from pinning infring - 2304177104577305832731077746.html. under fire. First, artists and other content ing work. Many users have the miscon - Pinterest itself). For example, artists who 5. Rachel Tarko Hudson (Sheppard Mullin), owners have raised concerns that their ception that images on the Internet can be want the added publicity and web traffic Companies Using Pinterest, Be Careful Not to work is being copied when “pinned” and used as a fair use. A fair use defense, how - can add the Pin It button to allow users to Get Pricked , April 26, 2012, at http://www.social - is used without authorization or attribu - ever, only applies if the use is “for purpos - pin their work. Artists who do not want medialawupdate.com/2012/04/articles/social- tion. 3 Interestingly enough, Pinterest pre - es such as criticism, comment, news their work pinned can add code supplied media/companies-using-pinterest-be-careful- viously discouraged users from pinning reporting, teaching . . ., scholarship, or by Pinterest to their images to prevent not-to-get-pricked/. their own work as self-promotion—the research.” 9And fair use is still a defense them from being pinned, or post low-res - 6. Pinterest’s Copyright Policy, at http://pinter - result being that users were encouraged to without an assured outcome—it depends olution images that contain attributions in est.com/about/copyright/. pin the work of others. on the circumstances of the use, including the image (or watermarks). Users, on the 7. iPub. L. No. 105-304, 112 Stat. 2860 (Oct. the purpose and character of the use, the other hand, can make sure that they only 28, 1998); 17 U.S.C. §512. However, in response to some of the con - nature of the copyrighted work, the post their own content, or content featur - 8. Why I Tearfully Deleted My Pinterest cerns raised, Pinterest revamped and clari - ing the Pin It button . Inspiration Boards , February 24, 2012 amount and substantiality of the portion of at http://ddkportraits.com/2012/02/why-i-tearfully- fied its policies. For one, users are encour - the work used, and the effect of the use on deleted-my-pinterest-inspiration-boards /. 4 10 aged to use their own content. For another, the potential market value of the work. Jane Chuang is a NYCLA and 9 See 17 U.S.C. § 107. Pinterest has also provided content owners Entertainment , Intellectual Property , 10 Seeid. with code that prevents their works from Pinterest’s former Terms contained addi - and Sports Section member, and is a 11. Manatt Phelps and Phillips, To Pin or Not to being pinned, as well as “Pin It” buttons for tional language that gave some users partner at Lee Anav Chung LLP. She Pin... That is the Question , April 2012, content owners who are willing to allow pause. For example, users granted practices general commercial litigation, at http://www.crmxchange.com/column/legal/pin their works to be pinned. 5 In addition, Pinterest rights to “sell” the content that and advises on trademark, copyright _pin/manettphelpsapril2012.asp. November 2012 / The New York County Lawyer 3 MESSAGE FROM STEWART J. AARON NEW YORK PRESIDENT OF THE NEW YORK COUNTY LAWYERS ASSOCIATION COUNTY LAWYER

Dear Readers: lawyers undoubtedly will learn how to maximize the use of Twitter in their legal Stewart D. Aaron Social media has grown exponentially practices. over the last few years, with more and President more members of the legal community This issue of the New York County actively engaging on social media not Lawyer focuses on social media and cov - Sophia J Gianacoplos only for personal use, but also for profes - ers this ever-changing medium from dif - sional use. Like LinkedIn, Twitter can be ferent angles. Learn about who really Executive Director a very useful tool in imparting informa - owns your post, pin, tweet, or share in tion to your target audience to help our articles covering copyright issues and Toni Valenti accomplish career and business goals. social media on page 2; using LinkedIn Director of Marketing and Stewart D. Aaron President, New York County for the job search on page 13; and several Membership Development I joined Twitter to communicate with Lawyers’ Association more articles related to this “hot” topic. NYCLA’s members and others about NYCLA business and interesting legal toring, and other items of interest, and Tweet me @NYCLAPres and share how Ariella Greenbaum developments. I started tweeting the day I share photos as they happen with you are using social media to connect Editor became NYCLA President last year, and Twitpics. I follow other lawyers, journal - with and engage the legal industry, build Senior Communications and now have over 200 followers. To help ists, bar associations, law schools, courts, your practice, and enhance your career. Social Media Manager build my following, I made an effort to and nonprofit legal organizations, and share my Twitter handle with lawyers and sometimes retweet content of those who others I met at NYCLA and other legal- I follow. New York County Lawyer is industry events, and included it in com - published by munications that were disseminated. Lawyers looking to get their feet wet Long Islander Newspapers could tweet about interesting legal devel - Stewart D. Aaron under the auspices of I send out messages about NYCLA pro - opments about which your clients are President the New York County Lawyers’ grams, legal issues that NYCLA is moni - interested. The next generation of New York County Lawyers’ Association Association. For advertising information, call 631-427-7000. Mailing address: 149 Main Street, To speak or not: social media Huntington, NY 11743.

and the “like” button Copyright © 2012 New York County Lawyers’ Association. All rights reserved. New York County Lawyers’ By Matthew D. Asbell, Esq. & gion have the highest level of protection. users consider “liking” as a medium of Association grants permission for Mannu Harnal Even non-verbal gestures can be protect - expression. articles and other material herein or ed speech. Texas v. Johnson, 491 U.S. portions thereof to be reproduced and Should “liking” Romney’s Facebook 397, 404 (1989) (burning of American In Bland, Facebook and the ACLU distributed for educational or profes - page get Obama’s employees fired? The flag is symbolic speech protected by argued that using the Facebook “Like” sional use through direct contact with answer may depend on whether clicking button to express support for a political First Amendment). Hate and speech clients, prospective clients, profes - the “like” button is protected speech candidate is no different than putting a encouraging illegal activities are gener - sional colleagues and students pro - under the Constitution. On April 24, ally not protected. In between the bumper sticker on your car, making a vided that such use shall not involve 2012, the Eastern District Court of extremes lies commercial speech, where verbal public statement, or putting out a Virginia ruled that clicking on the “Like” the speaker is more likely to be engaged yard sign showing support for the candi - any matter for which payment (other button on Facebook is insufficient speech in commerce, where the intended audi - date. Maybe the key difference is the than legal fees or tuition) is made to merit constitutional protection under ence is commercial or actual or potential level of effort, cost, or permanence asso - and provided further that all repro - the First Amendment. Bland v. Roberts , consumers, and where the content of the ciated with the action. Clicking a button ductions include the name of the 857 F. Supp. 2d 599, 604 (E.D. Va. message is commercial in character is on your computer takes minimal effort, is author of the article, the copyright 2012). The Court found that a public given limited protection. free of charge, and can be temporary in notice(s) included in the original employee “liking” the opposing candi - contrast to more enduring statements publication, and a notice indicating date’s Facebook page, while working in Federal Courts have also supported limi - arising from a bumper sticker on your car the name and date of the Association the incumbent sheriff’s department was tations on commercial speech to be con - or the greater effort of putting out a sign publication from which the reprint is not protected under the First Amendment. stitutional, such as the Lanham Act. showing support on your lawn. made. Subscription rate: $10.00 per This ruling was highly criticized and Semco, Inc. v. Amcast, Inc., 52 F.3d 108, year for non-members raises the question now whether the court 111-12 (6th Cir.1995). The Lanham Act The Internet is making it increasingly found the “like” button as insufficient governs trademarks and their use in com - difficult to determine what rises to the speech strictly in the context of a retalia - mercial speech. Essentially “any expres - level of constitutionally protected speech. New York County Lawyer is published tory action by a government employer sion embodying the use of a mark not in The focus of the law could be on who monthly (except January and August) for against an individual user. connection with the sale ... or advertising makes the speech and for what purpose $10 per year by New York County Lawyers’ of any goods or services, and not likely rather than whether it is speech. For now, Association, 14 Vesey Street, New York, NY Online social media platforms push the to cause confusion, is outside the juris - Obama can, without violating his consti - boundaries of speech by providing new diction of the Lanham Act and necessari - tutional rights, fire his employees for 10007. Periodicals postage paid is mailed at and innovative ways for people to com - ly protected by the First Amendment.” simply “liking” Romney’s page. New York, NY and additional mailing municate, such as the Twitter “retweet” Taubman Co. v. Webfeats, 319 F.3d 770, offices. POSTMASTER: Send address or the Facebook “Like” button. In 1996, 775 (6th Cir. 2003). Matthew D. Asbell is a NYCLA member changes to: New York County Lawyer, 14 and Associate of Ladas & Parry LLP in the landmark case Am. Civil Liberties Vesey Street, New York, NY 10007-2992. Union v. Reno, 929 F. Supp. 824 (E.D. The Facebook “Like” button is used both where he practices intellectual property Pa. 1996), a unanimous Supreme Court commercially and non-commercially. law often related to matters in the Web specifically extended the First Recently Facebook has filed multiple 2.0 space. He has a diverse background USPS #022-995 Amendment to written, visual and spoken trademark applications to support its use ranging from medicine to information ISSN: 1558-5786 expression posted on the Internet. of the “Like” button. Many of the design technology and is certified as a Social applications have been opposed but the Media Strategist. $10.00 of membership dues is deducted for a The right to free speech means that you word mark applications have already one-year subscription to the New York are allowed to express yourself without Mannu Harnal is a third year student at been allowed. Facebook’s use of the County Lawyer . interference or constraint by the govern - “Like” button is commercial in nature University of New Hampshire School of ment. The level of protection granted to because it has the authority to show a Law and a current trademarks intern at Photo Credits online communication is based on the user’s “like” as an endorsement and a Ladas & Parry LLP. He has experience type of speech being used. Some speech form of advertising. Companies and in the entertainment industry, copy - is protected from being restricted even groups use the button to aggregate user rights, trademarks, licensing, and mar - Ariella Greenbaum by private organizations. Non-commer - “likes” in order to show support for their keting, and is proficient in several lan - Rick Kopstein cial, artistic, symbolic, political, and product, service, or purpose on Facebook guages. Christopher Warren speech concerning race, gender, and reli - and drive traffic to their pages. Individual 4 November 2012 / The New York County Lawyer CLE INSTITUTE Art Litigation and Dispute Resolution Institute Returns to the CLE Institute This November

Join a faculty of experts from the The program will cover the following • Legal Issues Surrounding Art Galleries bench, bar, academia, art galleries, topics: and Art Dealing NYCLA’s CLE Institute now an insurance agencies, art consultants, Accredited Provider in New government and non-profit organiza - • The Law and Business of Sculpture Jersey tions on November 16 for the 5th and Fine Art Multiples Annual Art Litigation and Dispute • Stewardship of Art Collections: What SAVE THE DATE : New York County Lawyers’ Resolution Institute . Learn about the Lawyers Need to Know Association’s CLE Institute is cur - most relevant issues in today’s art • The Law of Antiquities 1031 Tax Free Exchanges , Monday, rently certified as an Accredited world, including how to deal with the • The Arts on Capitol Hill December 3, 2012, 6-9 p.m. Provider of continuing legal edu - ethical issues that arise. • Trusts, Estates and Art: What Lawyers cation in the State New Jersey. Need to Know Courses qualifying for CLE credit in New Jersey will be so designat - ed on the NYCLA website. Be NYCLA to Feature e-Discovery CLE sure to consult www.nycla.org for program details and program loca - tions. Attend NYCLA’s upcoming evening Hot Topics in E-Discovery , will take Attend and gain great insight from CLE event and learn about some of the place on November 28 from 7- 8:40 p.m. prominent members of the bench and recent developments in the e-Discovery and attendees receive 2 MCLE credits . from practitioners whose practice area Please note that Tuition Assistance realm. Over the past few years the land - There will be a pre-CLE reception from focuses on E-Discovery including is available for qualified attorneys scape for litigation has become increas - 6:30-7 p.m. and a post-program network - Magistrate Judge Marilyn D. Go , for live programs offered by the ingly complicated by the issues presented ing Q&A from 8:40-9 p.m. The program from the E .D.N.Y.; Judge Carolyn E. CLE Institute. Check our website with e-Discovery. The Federal Courts will explore some of the developments Demarest , from the New York State at www.nycla.org for more infor - Committee recognizing the importance in the NY State Courts, including cover - Supreme Court, Commercial Division ; mation and how to apply for of these issues has teamed-up with the ing the use of a new electronic discovery Yoav M. Griver , a Partner at Tuition Assistance. Check our web - Young Lawyers’ Section and the In- order ; highlighting some of the recent ZeichnerEllman& Krause LLP ; and site for course details, faculty, House/Outside Counsel Committee to important federal decisions, including a Daniel B. Garrie , a Partner and complete program descriptions offer a program to review these important discussion of litigation holds; and the General Counsel for Law and Forensics and pricing. issues. The significance of E-Discovery recent cases involving the hottest e- LLC. The Moderator for the event will can no longer be understated, as Judge Discovery topic, Predictive be Yitzy Nissenbaum , Chair of the Be sure to check our website for a Shira Scheindlin, from the SDNY, has Coding/Technology Assisted Review, E-Discovery Subcommittee for the complete listing of programs. said: “We used to say there’s e-discovery particularly on the importance of cooper - Federal Courts Committee . as if it was a subset of all discovery. But ation between litigating parties in the e- now there’s no other discovery.” Discovery Process . November 2012 / The New York County Lawyer 5 CLE INSTITUTE

Hot Topics in E-Discovery New Jersey Bridge the Gap: A Certification Program Approved by November Programs Wednesday, November 28, 2012; 6:30 Program for Newly Admitted Office of Court Administration , p.m.-8:40 p.m. 2 MCLE Credits: 2 PP; Attorneys Tuesday, December 4, 2012; 9 a.m.-5 p.m. NYS Obligations for Businesses Transitional and Non-transitional (also NJ) Consecutive Fridays, November 30 and Conducting Commerce on the December 7, 2012; 9 a.m.-5 p.m. Persuasive Speech: Incorporating the Internet When Allegations of Child Sex Abuse 15 NJ MCLE Credits in 5 of 9 specified Techniques of a Broadway Actor into Tuesday, November 13, 2012, 6-9 p.m. Are Made within Matrimonial and practice areas; (also NY; breakdown the Way You Practice Law , Wednesday, 3 MCLE Credits Family Law Cases... How to Defend tbd); transitional and non-transitional December 5, 2012; 6-7:45 p.m. and How to Prosecute 5th Annual Art Litigation and Dispute Wednesday, November 29, 2012: 9 a.m.- The LIBOR Scandal – What it Means Resolution Practice Institute 1 p.m. for The Legal Community, Investors, Friday, November 16, 2012; 8:45 a.m.-5 December Programs 4 MCLE Credits: 2 PP; 2 Skills; Traders and Borrowers , Thursday, p.m. 7.5 MCLE Credits: Transitional and Transitional and Non-transitional Certified Guardian, Court Evaluator December 6, 2012; 6-8:05 p.m. Non-transitional (also NJ) and Counsel for AIP Training:

How to Circulate Your Legal Article on the Internet

By Melvin Dubinsky, Esq. #copyright or #murder. Look around for a textbook on the subject of evi - for a start. Then I completed the preface and see what hashtags attorneys in your dence at trial. After estimating how and sent it around with the link to my Producing legal writing, whether field are using and incorporate them much time I could spare for that, and article. Here’s the first part of that pref - intended for clients or legal profession - into your tweets. But you need to exer - putting the flattery aside, I agreed to ace, as another real-world example that als, is an essential part of every cise restraint – Twitter limits the num - do one review. Another response was may be useful to you: lawyer’s marketing strategy. It is now ber of characters per tweet to 140, less intellectual and more commercial. easier than ever to distribute your writ - including hashtags. Too many of them The blogger sold presentation software A trial attorney in New York City, ing by using the Internet to reach your will make your tweet look cluttered. for use at trials. He asked me to like myself, is part of an increasing - target audience and win a reputation as rewrite my article so that it empha - ly computer-dependent and image- a knowledgeable and competent attor - Once you have built up a following of sized his brand of software instead of saturated world. One aspect of that ney. Three common methods are to readers that trust your Twitter feed, the software that I had used and wrote is the use of graphics during a trial. build following on Twitter, obtain refer - tweeting your own articles can give you about. But I declined and thereby lost a This has never been easier or more rals from blog authors , and to post the name-recognition and influence in your blog posting for my article. beneficial for a lawyer who is trying article in relevant LinkedIn groups . field. The more followers that you have, to prevail in court. Therefore my and the better your reputation on LinkedIn article presents actual examples Let’s look at each of these with a real- Twitter, the more readers there will be Effectively using LinkedIn is more than from my trials to show that the use world example, an article that I wrote. for your article, and more retweeters of just filling out your profile and accumu - of demonstrative evidence in tort It first appeared in tried-and-true print - it too. lating professional connections. Within cases can sway jurors to decide in ed form in a legal journal, The Practical LinkedIn are various “groups ,” individ - favor of a client or spur opposing Lawyer , in its August 2012 issue. Here’s an example of how to write a ual pages where members post articles counsel to offer a much higher tweet that publicizes a legal article. relevant to the group’s interests and amount for settlement. Twitter Recently The Practical Lawyer pub - engage in cross-discussion. Many of Maintaining a Twitter account takes lished my article entitled “Making The these groups are dedicated to legal top - The posting of my preface and link in time and commitment, but the process Most Of Graphics For Trial.” If I was to ics and are populated by lawyers, law the Trial Technology group spawned a can be rewarding. The goal is to build tweetabout this article, it would say: students and other legal professionals, lively discussion. Lawyers and graphics a following among your colleagues by including NYCLA’s LinkedIn group. A experts argued about the best program regularly ‘tweeting’ breaking news, Learn how to make the most of #trial good way to obtain name recognition for displaying graphics as evidence dur - articles and tips related to your prac - #graphics, read my ‘TPL’ article online within a specific legal community is to ing a trial. In turn I pointed out how and tice areas. A tweet is a message that in COLOR: dubinskytrialatty.com/arti - post your article on the page of a group why PowerPoint was right for the trial you post on your own Twitter-account cle.html #evidence that is part of it. Target the groups that of my case, as reflected in a great profile . can benefit from your article. Other result. One graphics expert posted a Blogs group members will use the posting as compliment about the way that I had Regular tweets that share useful and For a more direct route to getting your an opportunity to display their knowl - used graphics for trials. With her substantive information will enable you article read by your target audience, edge; firstly by commenting on it and approval, I put those remarks on my to build a reputation as a reliable and reach out to blogs that cover the topics then by adding their thoughts on the website. Overall seven different groups well-informed lawyer in your specialty. that your article discusses. Leave your subject. This also enables you to gain accepted my posting, and put my pref - You can gain followers to your tweets request open-ended: ask whether the feedback about your ideas, contentions ace-and-link onto their respective by becoming a follower of other tweet - blogger is willing to accept and post and writing style. Groups dedicated to pages. ers in your practice area. Hopefully your article, so that the blogger can trial practice and presentation of evi - each of them will reciprocate by decide what course of action feels com - dence were the right fit for me. Conclusion becoming your follower and then they fortable for him or her. Some bloggers By using the Internet, your legal article will view all of your tweets. In addition may be willing to write a short state - A number of groups seemed to qualify. can reach a much larger collection of they may expand the reach of your ment endorsing your article and provide A quick glance will tell you that my readers than it can in a conventional tweets. ‘Retweeting’ occurs when your a link to it. Others may want to use a article was too long for publication on printed journal. Tweeting, contacting follower chooses to pass a tweet on to link to your article to support an argu - a group’s page. Instead I sent those bloggers, and posting to LinkedIn his or her own followers. Then the sec - ment in their own blog-posting or may groups a preface about the article and a groups are sure ways to maximize the ondary recipients may want to become be willing to post your article through link to the article on my website. impact of your article and to enhance your followers as well. Sort of a legal their social media accounts, such as Parenthetically I had to use the same your professional status. pyramid-scheme. Twitter or Facebook. Be prepared for a approach for posting my article to little quid pro quo , however, as some blogs. Melvin Dubinksy is a NYCLA and Another way to gain followers is to take blog owners may ask that you post an Cyberspace Law Committee member. advantage of hashtags, which are key - article that he or she wrote in return for A good preface was vital for LinkedIn He has taught CLE courses at NYCLA words preceded by the pound sign. posting yours. and the blogs. One is needed to spark on using graphic evidence at trials and Other lawyers often search for these the reader’s interest in the content of also received mention in New York keywords on Twitter when looking for A couple of responses to me went your article. You may be able to draw magazine’s 2011 annual survey of NYC new accounts to follow, or for messages beyond that. One blogger, on the staff on an editor’s preface-or-preview that litigators, named the trial lawyer who that are good-enough to retweet. of a West Coast law school, asked me was published with the printed version gained the second highest award in an Examples of hashtags are #immigration, to write two book reviews. Each was of your article, as I did. That was used intentional tort case. 6 November 2012 / The New York County Lawyer MESSAGE FROM BARBARA MOSES PRESIDENT OF THE NYCLA FOUNDATION

Dear Friends: Were you aware of the tremendous amounts—or in any amount you resources of the NYCLA Library? choose—by going to www.nycla.org and In his 1901 Thanksgiving Proclamation, NYCLA makes a broad array of pri - clicking on “Giving to NYCLA .” You Theodore Roosevelt wrote, “Let us mary and secondary research materials can also mail a check, payable to remember that, as much has been given available to members — without charge “NYCLA Foundation,” to NYCLA us, much will be expected from us, and — thus providing solo practitioners and Foundation, 14 Vesey Street, New York, that true homage comes from the heart small firms with resources they might NY 10007. We are grateful for every as well as from the lips, and shows itself otherwise be unable to afford. In addi - contribution, and are pleased to say in deeds.” tion, NYCLA’s professional librarians “thank you” with a selection of DVDs, provide sophisticated research assis - books, prints, and other gifts described This Thanksgiving, consider joining tance to members on request, often on our web site. Since the NYCLA NYCLA in its continued commitment to identifying and locating materials that Foundation is recognized by the IRS as a public service and support for those in even the best-equipped law firm 501(c)(3) organization, gifts are need. NYCLA provides pro bono servic - out the programs that make us proud to libraries cannot provide. A $1,000 gift deductible to the extent provided by law. es to low-income New Yorkers, civics be members of NYCLA. would cover the cost of one of the new education programs that many school library computers that NYCLA mem - NYCLA needs both your support and districts can no longer afford , fellowships Did you know that NYCLA provided bers use to access our electronic data - your ideas. Please do not hesitate to con - for young public interest attorneys , and 2550 hours of pro bono legal service last bases. And while a paperless library tact me with suggestions for fundraising stipended judicial internships for talented year? Although our tremendous pro bono may be in our future, the library of or related topics. You can reach me at minority law students—not to mention volunteers donated their time, the pro - today still stocks essential texts — from [email protected] . no-cost or low-cost programs and bene - gram cost approximately $61 for each Kurzban on Immigration Law to Loss fits for NYCLA members struggling in a hour of direct client service provided . on Securities Regulation — that are not Sincerely, difficult legal economy . As you know, Perhaps you have been meaning to take a easily obtainable online. A donation of your dues do not cover all of NYCLA’s pro bono matter yourself but never quite $1 500 would help ensure that these programs and services. We depend on got around to it ? You could perform a texts are there for you, or your col - your contributions (made to the NYCLA comparable service by donating the cash leagues, when you need them! Foundation, which is recognized by the equivalent! A gift of $500 would provide Barbara Moses IRS as a 501(c)(3) organization) to carry a day’s worth of pro bono legal services. You can make donations in these President of the NYCLA Foundation Social Media and You: A Few Things Every Practitioner Should Know About The New Media Landscape

By Candice S. Cook tion for viewers to follow those products Facebook is a free social networking tool a California woman when they traced the on Facebook, Twitter, and Pinterest. that allows its users to network based on suicidal poster’s location to San Jose and Let’s be honest. “New Media” is no a variety of parameters (city, work, edu - contacted the police there warning them longer new and the once popular belief The integration of social media into our cational background, and mutual friends) of her threats to commit suicide .7 ESPN that attorneys could avoid this “trendy” lives does not stop there. Santa Clara and is accessible to anyone 13 years of allows viewers to tweet their sports ques - landscape has all but disappeared. University Law School has allowed stu - age or older. While Facebook may have tions and comments and People.com Facebook is no longer reserved for col - dents to post admissions questions to an begun as a social tool for individuals, the keeps celebrities’ Twitter feeds rolling lege kids in dorm rooms and blogging is avatar 1; a few years ago an Australian appeal of the concept and attraction for live on its website. Today, those in the not just for wannabe authors seeking to court came down with a stunning deci - businesses has been widespread. AT&T, public spotlight recognize the power in gain attention. Facebook and blogs along sion to allow a party to a default judg - Whole Foods, Starbucks, Target, 140 characters and everyone from with several other mediums like ment to be served on Facebook 2; and Burberry, Subway (to name a few) and President Barack Obama to Presidential LinkedIn, Pinterest, Twitter, bitly, some federal judges permit live blogging over 2/3 of small business owners can all Candidate Mitt Romney maintains a Instagram, Tumblr, and now QR are a from the courtroom. In fact, the ABA be found with official pages on Twitter account. part of the business lexicon. It remains Journal covered a Florida felony gun Facebook. important for attorneys to not only be case where jurors were texting during Like Facebook, Twitter may have begun proactive in their knowledge of these deliberations and the prosecutor in the Twitter as a social tool for individuals, but now mediums, but also well-informed about case posted information on Facebook Twitter can be described as the less ver - the appeal of the concept and attraction how these mediums are used (by their about the trial. 3 And if you represent bose Facebook. 5 Twitter, with 140 million for businesses have become widespread. employees and clients) and the effect that business clients, most companies run active users, is a network that allows you Southwest Airlines, Wachovia, GM, and such uses can have on their practices and contests where winners are invited to to utilize 140 characters (per post) to post JetBlue, among a plethora of others, can cases. More importantly, it is crucial for “like” them and engage with them via text messages, known as tweets, to the all be found on Twitter. In fact, Jet Blue firms to be able to direct clients on the one (or in many cases all) of these social Internet. The community can then “fol - utilizes a scanning tool that keeps tabs best practices for handling social media media tools. Indeed, “liking” an item on low” the poster similar to the way a com - on what Twitter users say about it, illus - and to also make certain to have appro - Facebook took on new meaning a few munity follows a blogger’s posts in a trating corporations’ realization and priate employee rules and procedures in short months ago when a judge in continuous or patterned methodology. acknowledgment of the power of social house as well. We are all comfortable lis - Virginia ruled that “liking” something on Moreover, what Twitter lacks in mass, it networking outlets and its potential tening to cautionary tales about social Facebook was not protected speech. If may very well pick up in influence. Pop influence on its brands. 8 And though you media, but no one wants to become that law firms and practitioners were waiting culture has embraced this social media may not feel that 140 character mes - cautionary tale. Social media is now a for the day that new media and social tool and the results have been notewor - sages are worthy of consideration, the mainstay and the sooner your organiza - networks would affect the practice of thy. In 2008, American student James Library of Congress begs to differ. In tion is prepared for its incorporation into law—wait no more—the time has come. Karl Buck set in motion the wheels of April 2010, it was announced that the the fabric of your business model the justice that led to his release from an Library of Congress would archive the better off you and your clients will be. Social Media Players: Facebook, Egyptian jail with a one word tweet- collected works of Twitter citing Twitter, LinkedIn, Pinterest, QR , and “arrested”-from his cell phone which Twitter’s “immense impact on culture If you are hesitant to get into the nuts Blogs resulted in a massive effort from his and history.” 9 and bolts of social media, I understand To understand the fixation and interest in Twitter community to secure him legal and you are not alone. Despite the preva - social media networks, one must first representation, a translator, and ultimately LinkedIn lence of new media and social networks recognize the players. While an abun - his freedom. Twitter users trapped in the LinkedIn is a social media tool that aims in the personal lives of their employees, dance of social networking options exist Oberoi Hotel after the 2008 Mumbai to do exactly what the name describes— many law firms — potentially to their for the practitioner, this article intends to attacks chronicled the chaos to the out - to link its users in to one another via the detriment — have chosen to ignore the briefly introduce you to six : Facebook, side world using tweets that were heavily user’s professional peer group . Unlike impact social networks will have on their Twitter, LinkedIn, Pinterest, QR& relied upon by news outlets. And in 2009, Facebook and Twitter , the success of firms, their branding, their clients, their Blogging. before “traditional media” could upload LinkedIn is not so much about status business development, and their execu - stories to their respective web pages or updates (though the platform does allow tion of deals and litigation on behalf of Facebook even knew what had occurred, Twitter for them), rather LinkedIn focuses on their clients. The reality is that the field Facebook, the brainchild of Mark users were reporting on the US Airways who you are as a professional and who of social media is ever-changing, has Zuckerberg, remains the king of social plane that landed in New York’s Hudson 6 you know or are ‘linked to.’ Since its become a part of society’s daily life, and networking — even with its recent less River and posting images on the Twitpic inception, LinkedIn has grown into a is not going anywhere. Take a closer than stellar IPO. Boasting an excess of feature of Twitter. Much like Facebook, strong tool for recruiters and is a stan - look at commercials and you will likely 955 million active users, it has attracted Twitter has allowed its users to intervene dard go-to for individuals seeking to see the small F, a small bird, and a red P an almost cult following that has made it in potentially deadly situations. In April expand their networking outside of the somewhere in the corner of your televi - the topic of conversation and news leads 2009, actress Demi Moore’s Twitter fol - exchange of business cards . 4 sion screen. The symbols are an invita - around the world. Quite simply, lowers helped avert a possible suicide by (See New Media Landscape on page 14) November 2012 / The New York County Lawyer 7 Service of Process in the Digital Age

By Robert Silversmith, Esq. ute cases to a process server who is not and Robert Gillis spoke from the perspec - licensed, not bonded and who does not dis - A process server must maintain a logbook. tive of the process server. Process servers New statutory and regulatory requirements play appropriate integrity, or has been The process server must also maintain a have had some difficulty in learning and relating to process servers in New York found to have not complied with the rules. copy of every Affidavit of Service for at adapting to the new technology. Some of City have been enacted and are intended to least seven years in either electronic or the older process servers have left the busi - regulate the increased prevalence of sewer The agencies must provide DCA with paper form. There are three ways to keep a ness. Lawrence Yellon noted that, in New service. In May 2012, the Civil Court written compliance regarding supervision log: (1) scan the logbook within one (1) York City, there were 1,850 process servers Practice Section, chaired by Hon. David of the individual process servers, and pro - business day of the last event in the log - as of February 2012, prior to DCA’s renew - Cohen, held a CLE course at NYCLA to vide complete monthly reports as to accu - book; (2) save to a portable media device al period. As of May 15, 2012, there were discuss and answer questions related to the racy of records. The agencies must report one time per week; and (3) maintain two 768 process servers, a 60-percent reduc - new statute and regulations. to the Department when their process copies at different locations. In the alterna - tion. Many process servers did not renew servers are disciplined. These reports must tive, maintain the log on a spreadsheet to because they could not pass the mandatory In May 2012, the Civil Court Practice be made available upon request. Each be completed within two (2) business days. exam, or could not overcome the techno - Section, Chaired by Hon. David Cohen month, on a date randomly picked by the Once per week, this should be copied as to logical learning curve. Many are older or held a CLE course at NYCLA to discuss Department, the agencies must conduct a two separate write-once media devices. did part-time process serving. A few could and answer questions related to the new review of their process serving records, for One of the media devices must be stored not meet the bonding requirements, or statute and regulations. that day. The intention is to encourage the offsite, or alternatively, the process server chose not to pay into the Trust Fund. There agencies to follow the law every day. should daily upload data to a provider and has likewise been a 30-percent reduction Department of Consumer Affairs maintained on spreadsheets. The data must in process serving agencies. Several agen - Perspective A compliance plan must be filed with the be secured so that it cannot be edited once cies have sold their business. Some cannot Local Law 7 of 2010 was enacted by the Department stating the names of the indi - it is uploaded. qualify for the $100,000.00 bond. For City Council. A majority of the new statutory vidual process servers. The agencies must agencies, the regulations do not provide for provisions took effect October 11, 2010. The notify the Department within days of hiring The most technologically intriguing require - an alternative payment into Trust. Notably, Department of Consumer Affairs (DCA) or discharging process servers. Electronic ment is the provision that process servers process servers outside of New York City issued new regulations which took effect as records must be kept for seven years. These carry and operate an electronic device that can use an agency in New York and some of November 12, 20 11. The law now sepa - are less voluminous than paper for purposes records GPS locations while serving have moved out of the city. As time goes rates the current license category into two of auditing. New rules require process process. The process server must carry and by, process servers are adapting. separate types of licenses: one for process servers to utilize a third party organization operate an electronic mobile device, such as servers and one for process serving agencies. to maintain the records. All hearings sched - a mobile telephone or a personal digital The Perspective of the Bar uled in the courts of New York must be assistant that shows the global positioning The Plaintiffs’/Petitioners’ attorney, Glenn Sanford Cohen and Marla Tepper, of DCA, reported, as well as oral or written notices system, and records the location of process, Spiegel and the Defendants’/ Respondents’ discussed the new law. The law enhances the of a traverse scheduled, within ten days, including date and time. The record must be attorney, David Rozenholc, agreed that the responsibility of the agencies in overseeing and the result of the traverse. The individ - automatically transmitted to an independent core analysis of traverses is unchanged as process servers, including enhanced record ual process server must provide the name of third party contractor, for electronic storage. traverses are largely decided on the edges. keeping, education and testing. Process the agency he or she is working for, as well The GPS system will substantiate whether servers must now pass a mandatory exami - as the name of agencies the process server The process server must provide the name the process server has been to the location. nation. An individual process server must has accepted assignments from over the last of the third party contractor at the time of However, traverse hearings are determined post a bond of $10,000.00, or alternatively, two years. The log must include the names renewal of the license or within two (2) by whether service was properly effectuat - upon being turned down twice by a bonding and license of the agencies giving process. days of any change in the contractor. DCA ed, the correct words spoken, the appropri - company, deposit not less than $1,000.00 A new cause of action has been created must be provided the data upon request and ate person served. into a trust fund established by DCA. A relating to process servers who are not in the data must be also available by subpoena. process server agency is required to post a compliance with the Administrative Code. Glenn Spiegel noted the legislation is surety bond of $100,000.00. This can lead to compensatory and punitive The Process Server Perspective intended as a shield to sewer service, but The process server agency may not distrib - damages, and attorneys’ fees. At the recent CLE course, Lawrence Yellon (See Service of Process on Page 14)

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Young Lawyers Gather at Oktoberfest-Themed Networking Event

On October 9, lawyers gathered to learn the do’s and don’ts of networking while mingling and enjoying Oktoberfest- themed drinks and hors d’oeuvres at this exclusive members-only event hosted by the Young Lawyers’ Section and spon - sored by Emerge212 and Balls Vodka.

Family Court and Child Welfare Committee Hosts Annual Nanette Dembitz Lecture

On October 4, NYCLA’s Family Court and Child Welfare Committee, chaired by W. Brad Jarman (left) and Jennifer L. Brillante-Weaver (right), welcomed a panel of experts who spoke about the Close to Home Initiative. Recently enacted to reserve secure detention facilities for youth who have committed the most seri - ous offenses, the initiative allows for most youth involved in the juvenile justice sys - tem to receive services and/or limited secure and non-secure placements near their own community. Stephanie Gendell (second from left), Associate Executive Director for Policy and Public Affairs, Citizens Committee for Children, moder - ated the panel which included Vincent N. Schiraldi (third from left), Commissioner of the NYC Department of Probation; Hon . Monica Drinane (fourth from left), Supervising Judge of Bronx County Family Court; Tamara Steckler (fourth from right), Attorney-in-Charge, The Legal Aid Society Juvenile Rights Practice; Michael Corriero (third from right), Executive Director and Founder of the New York Center for Juvenile Justice; and Ronald Richter (second from right), Commissioner of the Administration for Children’s Services.

Follow NYCLA on Facebook for the latest event photos: facebook.com/NYCLAssoc November 2012 / The New York County Lawyer 9 UPCOMING EVENTS Events Calendar

All events, unless otherwise noted, will be Hosted by the The Civil Legal Advice and Sponsored by NYCLA’s Young Lawyers’ Disrobed , and more at this special event. held at NYCLA Home of Law, 14 Vesey Resource Office (CLARO) Program Section Bring your own copy of Disrobed and Street. Visit the Association’s website, Partners, this training is free to those who “In Chambers” with Hon. Richard J. have it signed by Judge Block nycla.org for more details, schedule volunteer for six total hours with CLARO— Sullivan, U.S. District Court, SDNY changes and additions, and to R.S.V.P. for free, weekly walk-in clinic that provides December events, which are subject to change. limited legal advice to pro se litigants with Book Signing consumer debt matters in the New York Monday, November 19 - 6 p.m. 98th Annual Dinner: Celebrating November Civil Courts—by June 30, 2013. Contact Meet Federal District Court Judge Frederic LGBT Equality Lois Davis at [email protected] or 212-267- Block, author of the recently published Tuesday, December 11 - Reception-6:30 Civil Court Pro Se Debtor Assistance and 6646 x217 to register. book, Disrobed: An Inside Look at the Life p.m.; Dinner-7:30 p.m. ; Waldorf-Astoria CLARO Program Training and Work of a Federal Trial Judge . Gain a Keynote speaker: Eric Schneiderman, Wednesday, November 14 - 6-9 p.m. - In Chambers with Hon. Richard J. behind-the-scenes perspective on why he New York State Attorney General. Queens County Bar Association, 90-35 Sullivan wrote the book, ethical considerations for Welcome Remarks, Christine Quinn, New 148th Street, Jamaica, New York. Thursday, November 15 - 5:30 p.m. judges writing books, hear excerpts from York City Council Speaker. 98th Annual Dinner Celebrating LGBT Equality and Honoring Corporations and Law Firms that Have Demonstrated a Commitment to LGBT Equality

On Tuesday, December 11 in the Grand Ballroom of the Waldorf-Astoria, the New York County Lawyers’ Association’s black tie 98 th Annual Dinner will cele - brate LGBT equality and will honor cor - porations and law firms that have demon - strated a commitment to LGBT equality. A reception will take place at 6:30 p.m. and dinner at 7:30 p.m. NYCLA’s Annual Dinner is co-chaired by former NYCLA President Robert L. Haig, Esq. and Michele Coleman Mayes, Esq.

New York State Attorney General, Eric T. Schneiderman , will give keynote remarks. Elected the 65th Attorney Eric Schneiderman Christine Quinn Roberta A. Kaplan Sue Jacobs General of New York State on November 2, 2010, as Attorney General, was renowned. This year’s Honoree is NYCLA delegate to the NYSBA House degree in Labor Economics from Schneiderman is the highest ranking law Roberta A. Kaplan , Partner, Paul, of Delegates, has chaired the Insurance American University and a J.D. from enforcement officer for the State, respon - Weiss, Rifkind, Wharton & Garrison and Professional Liability Committees Pace University School of Law. sible for representing New York and its LLP . A partner in the Litigation and speaks frequently at NYCLA CLE residents in legal matters. He has worked Department, Kaplan has been described programs about professional liability and to restore the public’s faith in its public in a profile in Lawdragon as a “pressure starting a firm. Jacobs holds a master’s Reserve your space at this very special and private sector institutions by focus - junkie” who “thrives on looking at the ing on areas including public integrity, big picture” whether “in the gay-mar - economic justice, social justice and envi - riage legal fight or high-profile corporate ronmental protection. scandals.” Kaplan was chosen by The Christine C. Quinn, New York City National Law Journal as one of the top Council Speaker, will be presenting “40 Under 40” lawyers in the United Welcome Remarks at the Dinner. She has States, as a New York “Super Lawyer,” established herself as a fighter for poli - and as one of the 500 leading litigators in cies and services that are critical to the the United States. lives of New Yorkers. She began her The 2012 Boris Kostelanetz President’s career in public service as a housing Medal was established in honor of Boris organizer, helping low-income tenants Kostelanetz (1911-2006), the 33 rd stay in their homes and protecting afford - president of the New York County able housing. As the director of the Gay Lawyers’ Association and a founding & Lesbian Anti-Violence Project, Quinn partner of Kostelanetz & Fink, LLP. The worked closely with the NYPD against Medal is conferred upon a NYCLA hate crimes. Since 1999, she has served member whose record of dedication and Manhattan’s lower west side in the City service to the Association and legal Council. Elected Speaker in 2006, Quinn profession comport with the highest has negotiated on-time, balanced City standards. This year’s honoree is Sue C. budgets, reducing government spending, Jacobs , Goodman & Jacobs LLP. Jacobs and preventing firehouse closings, founded Goodman & Jacobs with Judith teacher layoffs, and cuts to key services. Goodman in 1992. The firm represents parties in all aspects of insurance dis - The 2012 William Nelson Cromwell putes, including coverage, defense and Award was established in 1964 under procedural isues. Prior to starting the NYCLA President Leo Gottlieb, partner firm, Jacobs was a partner at what was at Cleary Gottlieb Steen & Hamilton. then known as Stiff Rosen & Parker PC This award is conferred in honor of and its predecessor firms. An active William Nelson Cromwell, one of member of NYCLA, Jacobs has been a NYCLA’s earliest and most esteemed member of the Board of Directors and leaders, for “unselfish service to the Executive Committee, and has held the profession and the community.” Mr. position of Treasurer. She has been a Cromwell’s dedication to public service 10 November 2012 / The New York County Lawyer LIBRARY NOTES

To make suggestions about book, ebook Finance , Afghanistan Legal Education law, encouraging decision makers to CIS Blog has had numerous entries con - or database purchases, please contact Project ; Bhutan Law and Policy Project ; design both as a means to further demo - cerning Robotics, most recently two con - Dan Jordan, Director of Library Iraq Legal Education Initiative ; cratic values. cerning legal implications of domestic Services, at [email protected] or at Securities Class Action Clearinghouse drone surveillance practice and a report on 212-267-6646, x201. (SCAC); and many more including the CIS provides law students and the gener - the Future of Road Vehicle Automation. Center for Internet and Society . al public with educational resources and The Robotics focus area has also support - The last Library Notes column discussed analyses of policy issues arising at the ed three academic articles since 2010, all Blawgs, legal blogs, their usefulness and The Center for Internet and Society at intersection of law, technology and the written by Ryan Calo; has been men - how to find the blawgs that would be of Stanford Law School public interest. Through the Fair Use tioned in the press repeatedly; stages interest to you and your practice. Other http://cyberlaw.stanford.edu/about/people Project and the Cyberlaw Clinic, CIS events at Stanford and issues multimedia source of useful information to practi - Founded in 2000 by Lawrence Lessig, also provides legal representation to items in this area of interest. tioners are the various centers, institutes this is a public interest technology law clients in matters that raise important and programs offered and supported by and policy program. The Stanford Law issues of free expression, civil rights and Is there a Law School supported Center, Law Schools throughout the United School website states that “CIS brings technology. CIS also sponsors a range of Institute and Program in your area of inter - States. together scholars, academics, legislators, public events including a speakers series, est? Please contact [email protected] for students, programmers, security conferences and workshops.” assistance in finding such an entity that As an example, Stanford Law School researchers and scientists to study the would be of interest to you. supports numerous “Programs and interaction of new technologies and the The CIS has four focus areas: Centers” including the following: law and to examine how the synergy Architecture & Public Policy, Copyright New Books Stanford Constitutional Law Center; between the two can either promote or and Fair Use, Privacy, and Robotics. Davis, Mark. Solicitor General Bullitt: Stanford Criminal Justice Center (SCJC); harm public goods like free speech, The life of William Marshall Bullitt. Environmental and Natural Resources innovation, privacy, public commons, Looking at the CIS Robotics focus area Crescent Hill Books: Louisville, KY, Law & Policy Program (ENRLP) ; Steyer diversity, and scientific inquiry. CIS we see that it supports one Resident 2011. Taylor Center for Energy Policy and strives to improve both technology and Fellow and three affiliate scholars. The Digital Research Center CLE Programs

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Ethics has also released an Opinion on the briefs with her cellphone, witnesses said .” William R. Aronin, Esq., a NYCLA and Social Media News issue of judges and social media. In Opinion Cyberspace Law Committee member, is an (Continued from page 1) 08-176, the committee reasoned that judges “While on break, the 31-year-old lawyer Associate with Schwartzapfel Lawyers, P.C. may use social networking sites, so long as posted the photo on her personal Facebook where he practices personal injury, disabil - a 2009 opinion of the Florida State Judicial they are careful to not create an appearance page with a caption suggesting the client’s ity and workers compensation law. He is a Ethics Advisory Committee 6, which advised of impropriety. Although not banning the family believed the underwear was ‘proper graduate of Brooklyn Law School. He can judges to avoid social media friendships practice, the committee did explicitly warn attire for trial.’” be reached at [email protected] . with attorneys who have, or may, appear judges to be “mindful of the appearance cre - before them. The Committee’s rationale, ated when he/she establishes a connection After the post was discovered, the presid - 1. Rocco Parascandola, New York Police Dept. which the Court cited, was that such friend - with an attorney.” It also left open the ques - ing judge declared a mistrial, and the issues first rules for use of social media dur - ships between judges and lawyers are public tion of whether such connection rose to the Public Defender’s office terminated ing investigations ., N.Y. Daily News, Sept. 11, and “reasonably conveys to others the “level of a close social relationship requiring Cintron Stern. 2012. impression that these lawyer ‘friends’ are in disclosure and/or recusal.” 2. Tom Hays, NYPD to boost gang unit over a special position to influence the judge.” This story serves as a valuable reminder for social media violence ., Bloomberg Mistrial Over Lawyer’s Facebook Post all attorneys. Although most would never Businessweek, Oct. 2, 2012. Even in 2009, the Florida Advisory Opinion A mistrial was declared after a Miami- consider posting a disparaging comment 3. US v. Meregildo , 11 Cr. 576 (WHP) faced criticism from the legal community. Dade Public Defender snapped a photo of about a client on a publicly-viewed social (S.D.N.Y. Aug 10. 2012). Interviewed by The New York Times 7, her client’s leopard-print underwear, and media site, it must be remembered that once 4. Heather Kelly, Police embrace social media Stephen Gillers, professor of professional posted it to Facebook. something is put online, the poster has lost as a crime-fighting tool ., CNN, Aug. 30, 2012. responsibility at NYU Law, was quoted as all control over it. In this case, the photo 5. Domville v. Florida , No. 4D12-556 (Fl. Ct. saying of the Florida opinion that “In my The Miami Herald first reported 8 on the was actually posted to Cintron Stern’s pri - App., Sept. 5 2012). view, they are being hypersensitive.” story of FerminRecalde, a defendant on vate Facebook account, and her privacy set - 6. Fla. JEAC Op. 2009-20 (Nov. 17, 2009). Although not directly quoted, the Times also trial for murder. “Recalde’s family brought tings made it viewable only to her friends. 7. John Schwartz, For Judges on Facebook, attributed Professor Gillers with the senti - him a bag of fresh clothes to wear during Once posted, however, one of those friends Friendship Has Limits ., N.Y. Times ment that the Opinion may have been the trial. When Miami-Dade corrections offi - informed the presiding judge. Similarly, a (December 11, 2009). result of a generational gap on the panel. cers lifted up the pieces for a routine “joke” sent via a private email, could easily 8. David Ovalle, Lawyer’s Facebook photo inspection, Recalde’s public defender Anya find its way into the Law Journal. causes mistrial in Miami-Dade murder case. , New York’s Advisory Committee on Judicial Cintron Stern snapped a photo of Recalde’s The Miami Herald, Sept. 13, 2012. November 2012 / The New York County Lawyer 11 The Internet as the Modern “Post Road”: The Regulation of Bandwidth Meets the First Amendment

By Andrew L. Kalloch, Esq. large degree, by the belief that the speedy tion is anything other than the Internet. “Broadband networks are the modern- and uniform dissemination of ideas was While the US Postal Service delivered day microphone by which their owners On October 8, 2000, then-Senate candi - central to the preservation of the 168 billion pieces of mail in FY2011, engage in First Amendment speech.” dates Hillary Clinton and Rick Lazio Republic. As Representative John there are nearly 145 billion emails sent (emphasis added). Therein lies the funda - were locked in a heated debate, when Calhoun of South Carolina said in per day , not to mention hun - mental disagreement—whether the net - Moderator Marcia Kramer of WCBS-TV 1807, “The mail and the press are dreds of millions of work is a private asset that exists only for asked where the candidates stood on fed - the nerves of the body politic.” 4 Facebook messages and the benefit of its owners or a quasi-public eral bill 602P. The bill, Kramer Tweets. 7 “post road” that must remain open to explained, would impose a tax of five One hundred fifty years later, carry the ideas of all Americans at equal cents per email, with the revenues dedi - the United States Supreme However, unlike the speed, regardless of content? cated to the Postal Service. Both candi - Court acknowledged that the Postal Service, much dates quickly denounced the bill, echoing mail remained a central pillar of the Internet’s phys - Regardless of how the D.C. Circuit the House of Representatives, which five in the nation’s experiment ical plant remains in rules, companies are already finding months earlier had passed a bill barring with democracy. In Lamont the hands of private ways around complying with the FCC’s such fees from ever being imposed. 1 As it v. Postmaster General , companies. While the net neutrality requirements. Comcast turned out, 602P never existed. It was an 381 U.S. 301 (1965), Federal Communications recently announced data caps for its Internet hoax. the Supreme Court Commission (FCC) recently cable Internet subscribers. However, struck down 39 U. transformed the Universal while the cap applies to consumption of A dozen years after P602 frightened S. C. 4008 (a), Service Fund—a 20th century Netflix, HBO GO, and Hulu, it does not Congress into creating, in the words of which required the program that supported phone apply to content consumed through Representative John D. Dingell (D-MI), Postmaster General, upon service in rural areas—into the Comcast’s Xfinity app on Xbox, as the “a fabricated solution to an imaginary receiving mail from a Connect America Fund to company claims this deliver device is problem,” regulation of the Internet con - foreign country that spread broadband to the 18 not on the “public Internet .” 11 And tinues to be a controversial subject. he deemed “commu - million Americans who lack AT&T recently announced that it was nist political propa - connectivity, private corpo - limiting use of Apple’s popular video What principles should guide our regula - ganda,” to notify the rations will continue to own conferencing platform FaceTime on its tion of the Internet and to what degree do addressee of the mail the bulk of America’s fiber- cellular network to subscribers with First Amendment rights attach to ideas and advise him that it optic infrastructure for the tiered data plans, which include its high - disseminated therein? The answers, as would be destroyed foreseeable future, and with est rates for data. they so always do, lie in the past—in the unless the addressee affirmatively it, a dangerous level of control debates concerning the Post Roads clause requested delivery. 5 over the dissemination of Here in New York, the Eastern District of the Constitution and the recognition of information. recently affirmed “bandwidth throttling” the mails as an essential tool for the dis - It was the first time in history that the by Cablevision, finding that the company semination of knowledge and ideas. Supreme Court struck down a federal Against the wishes of ISPs, the FCC could impose “discretionary limitations statute under the First Amendment. recently adopted rules that ban ISPs from of bandwidth and Internet access of cus - The power to “establish Post Offices and Concurring, Justice William Brennan discriminating based on content. 8 tomer accounts that consumed, what it post roads ,” while considered an obscure wrote that the “right to receive publica - deemed, too much bandwidth.” Serrano clause today, was important enough at tions is…a fundamental right,” without In a court filing, the FCC asserted that v. Cablevision Sys. Corp. , 2012 U.S. the Founding to be mentioned in George which the marketplace of ideas would be without such rules, ISPs could, “prevent Dist. LEXIS 42152, *18 (E.D.N.Y. 2012) Washington’s first annual address to left with “only sellers and no buyers.” an end user from accessing Netflix, or (emphasis added) . Congress. “I cannot forbear intimating to Lamont , 381 U.S. at 308 (Brennan, J., the New York Times , or even this Court’s you the expediency… of facilitating the concurring). own website, unless the website paid the Unfortunately, Serrano did not even intercourse between the distant parts of provider to allow customer access.” 9 mention the First Amendment and the our Country by a due attention to the Because the Post Office was the principal Verizon, which is challenging the rules implications of turning over the means of Post-Office and Post Roads.” 2 means of long distance communication, on First and Fifth Amendment grounds, censorship to private actors. While pri - its regulation was inextricably linked claims that the FCC is overreaching and vate companies own much of the nation’s Indeed, from the time of the 1792 Post with the right to receive ideas. See also that government control of the Internet is fiber optic cable, those assets are buried Office Act, Congress has supported the Pike v. Walker , 121 F.2d 37, 39 (D.C. Cir. antithetical to free markets—an idea that under public thoroughfares—the original principle of universal access to mail. To 1941) (“the postal system…is now the became part of the 2012 Republic Party post roads—and their maintenance relies that end, the Post Office has been at the main artery through which the business, platform. 10 See generally Rob Friedan, on a close synergy between government forefront of using advancements in trans - social, and personal affairs of the people Invoking and Avoiding the First and the private sector. Just as the air - portation and communications technolo - are conducted and upon which depends Amendment: How Internet Service waves are a public asset, so is the territo - gy—from canals, railroads, and airplanes in a greater degree than upon any other Providers Leverage Their Status as Both ry along which companies lay cable. As a to the telegraph and electronic communi - activity of government the promotion of Content Creators and Neutral Conduits , result, the government has an obligation cation—to spread mail to every corner of the general welfare.”). 6 12 U. Pa. J. Const. L. 1279 (2010). to ensure that the public asset is used in a the Republic. 3 manner consistent with the First Today, it is difficult to argue that the prin - In a telling passage from its recent filing Amendment. This commitment was motivated, to a cipal means of long distance communica - with the D.C. Circuit, Verizon declared, (See Internet Post Road on Page 14)

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45-18 Court Square, Suite 403, Long Island City, New York 11101 1-800-841-8879 FAX: 516-741-6311 Telephone 718-275-6700 Fax 718-275-6704 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street, New York, NY 10006 E-mail: [email protected] 12 November 2012 / The New York County Lawyer Legal Hacking and Hackathons

By Alexander Goldman funded. Unlike LegalZoom, which was Although the technology industry views rightfully criticized in a recent issue of the the word “hacker” in a positive light, law Resources Today, “hacking” is about getting things New York County Lawyer , Docracy does reviews and journals still mostly use the done with technology, not about breaking not try to eliminate lawyers. Instead, it word to describe computer programmers • Getting Things Done: the law . This new meaning of the word uses the Internet to facilitate communica - who break the law. Nevertheless, a few http://tinyurl.com/NYCLAgtd makes legal hacking possible. I knew the tion, revisions, and signing. educators besides Professor Askin are try - • Growth Hackers: http://tinyurl.com/ word had gone mainstream when I first ing to change lawyers from naysayers read about hacker marketers, who are One of the legal hacks from the BLIP into entrepreneurs. Professor Anthony growthhackers5 called growth hackers . Growth hackers use Hackathon proposes changing the law in Luppino of the University of Missouri- • Facebook Hackathons: http://tiny their understanding of social media and order to frustrate patent trolls. Noting that Kansas City School of Law writes that url.com/facebookhackathon code to help a company reach customers. a patent is a contract between a company interdisciplinary legal education can cre - • Brooklyn Law School’s BLIP Hackers use their knowledge of code to and the government, and is therefore not ate entrepreneur lawyers and that “fruitful Hackathon: http://legalhackathon.b write software. In hackathons, software standard property, it proposes examining law school-business school collaborations lipclinic.org/ developers gather a large number of peo - closely any assignment of patents, and tax - have been implemented in both clinical • Huffington Post article on ple to spend a day or two on a major proj - ing any patents that are assigned but not and regular classroom settings at several Brooklyn Law School ect. Hackathons are also mainstream: used. It is an attempt to fight companies universities and can be replicated and Hackathon: http://www.huffing - Facebook credits some of its success to that invent nothing but make money by expanded at many others.” Anthony J. tonpost.com/2012/04/17/legal- internal hackathons. Utilities now have suing companies that have infringed Luppino, Minding More Than Our Own hackathon-lawyers-hackers-brook - clean technology hackathons too. patents that the plaintiffs have purchased. Business: Educating Entrepreneurial lyn-law-school_n_1431038.html - Such companies are known as patent trolls. Lawyers Through Law School-Business http://tinyurl.com/blshackathon Lawyers are already familiar with working A recent study claims that patent trolls cost School Collaborations, 30 W. New Eng. L. • Legal Hackers Meetup: long hours, with solving problems, and the economy $29 billion per year. Rev. 151, 219 (2007) . “Clients recognize http://www.meetup.com/legalhack - with working in teams. Legal hackathons and appreciate these ‘can do’ business ers/ make sense. In April of this year, I attend - Several recent Brooklyn Law School grad - lawyers and come to view them as valu - • Docracy: http://www.docracy.com/ ed the BLIP Clinic Hackathon, the world’s uates and I co-founded a meetup to dis - able members of the team that drives the • Patent Troll Legal Hack: first legal hackathon, held at Brooklyn cuss a topical legal issue once a month. success of their ventures.”Id. at 152. https://www.docracy.com/4738/kill- Law School and led by Professor Jonathan Mobile privacy was the topic of the first Whether you call them “can do business the-trolls Askin. He aims to inspire lawyers to inno - Legal Hackers meeting. There are several lawyers” or “legal hackers,” a new kind of • Patent Trolls Cost the Economy vate, to stop being “yeah, but” people and intriguing projects that aim to build priva - lawyer is being trained in response to a $29 Billion Per Year: cy icons that would be as useful as to become “why not” people. perceived need. http://arstechnica.com/tech-poli - Creative Commons icons. One of the most cy/2012/07/new-study-same- The legal hacks were posted to Docracy, a interesting is a set of icons creating by Do you see a need for a new kind of lawyer? authors-patent-trolls-cost-economy- startup that is itself a form of legal hack. AzaRaskin. Raskin admits, however, that Let the New York County Lawyer know. Docracy is a website that facilitates the companies may not want to post icons that 29-billion- collaborative creation of legal documents admit that they do things customers don’t Alexander Goldman, a NYCLA and yearly/http://tinyurl.com/29billion as well as their sharing and signing (the want them to do, such as sell personal Cyberspace Law Committee member, is a • Creative Commons: business model focuses on signing, that information, retain personal information 2L at Brooklyn Law School. A former http://tinyurl.com/creativecommon - would permanently eradicate the mailbox indefinitely, or use personal information Internet trade journalist, he is studying the sicons rule). Docracy was started at a for purposes not explicitly described on law of contracts, corporations, telecom - • AzaRaskin Icons: TechCrunch hackathon and is venture the website. munications, and government regulation. http://tinyurl.com/azaprivacy Creating a Social Media Image That is Professional Without Removing Your Identity

By Monica Trombley, Esq. Some of us like attorneys who have a sense 3. Do not post confidential information 5. Never post anything on social media of humor or look at the world differently. about your workplace or what you do at you would not say to someone’s face : If It seems every day you see advice on social Part of being personable is having a life out - work : Ethics rules are certainly a consider - someone is bothering you that much, you media presentations for lawyers. Never post side the law and not being a bland caricature ation here but at the same time, unless you probably should have a face to face conver - pictures of being in costume, drinking, or of what you think an attorney should be. really hate your job and want to be fired sation if you can manage to keep your cool. “political” posts or otherwise doing any - why would you do it? The public does not thing that distinguishes you from Candidate This is not to say all the common tropes are need to know that stuff and it’s probably 6. Own your words : Whatever you decide #6012. Even sharing a petition on Facebook bad since some are useful but in my experi - boring. You do not need to use people’s to talk about or share, own it. If you have a concerning an issue you care about is ence, a few things work well: names or other personal details. That just controversial or non-PC point of view on deemed career suicide. Oh, and don’t you makes you look untrustworthy and like an something that you want to share, do not dare have typos in your Twitter posts lest 1. Have a social media friending strategy : aspiring gossip columnist. back down. Do not apologize for it or say the Grammar Police arrest you and sentence LinkedIn is a social media site set up you “made a mistake.” A friend of mine you to a lifetime of unemployment! specifically to be more professional and Note that this does not include protecting decided to share his conservative views on businesslike while Facebook by definition criminal employers or standing back while his Facebook page and acknowledged that I’m sure some of you will read this article is more social. Twitter is also a more social, something illegal or distasteful is going he might lose friends from it. He never and say to yourselves, “That’s not possible.” “human” space. If you want a personalized on. That’s one of those “make your own apologized for it and he owned it. That’s how I felt when I started out. Facebook page and freedom of expression, judgment” calls but you do have to you do not want to friend your boss, co- remember that most employers are not As I told him, there are all kinds of people By nature, I’m more of a recluse than a workers or others who may try to forbid going to have your best interests at heart. in the world. You may alienate some but joiner. I felt I would never get along with you from having a viewpoint on anything or You might have to make uncomfortable, you could end up opening new markets and attorneys outside my field since it seemed speaking your mind. I personally always financially painful or socially awkward demographics of clients and potential having an opinion on anything was as bad warn non-creatives who want to be my decisions to protect your license, reputa - clients who might never have thought of as drinking milk straight from the carton. Facebook friend that I do say things on my tion , and overall well being. you if you didn’t write about that topic. For me, it felt like I was persona non grata page they may not agree with and that if before even entering a room. they are easily offended, they should stick 4. Know your audience : My own blog is Now your career may not allow you to be to LinkedIn. written for both lawyers and non-lawyers, as outspoken and opinionated but if you At the same time, I had my dream job and in particular creative people. I talk a lot can show that you have some non-legal found my passion. Emboldened by this and Privacy controls are also a wonderful thing about my observations and opinions, many interests and care about something, you at the suggestion of a PR rep I met, I creat - since on Facebook, you can customize who of which are shaped by my experiences in will get your own reputation and credibility ed my own rant blog. People in my industry gets to see status updates and the like. the entertainment industry. A stuffy, legalis - with others. kept telling me it was funny. It started as tic format would not work for my audience. my personal project but then others started 2. Have a disclaimer on your blog that If you want your audience to read your Monica Trombley, Esq., a NYCLA and reading it and that led to me gaining fans. says your blog only represents YOUR musings, you have to know what will get Entertainment Intellectiual Property and opinion and no one else’s : The same their attention and how to keep it. Sports Section member, is the Production I realize that when you are new to the field, goes for the giving of legal advice and Executive/In-House Counsel of One Way you feel like you must impress everyone and how you aren’t forming an attorney/client This also includes perception. Would you or Another Productions LLC. A graduate never be yourself but I’m here to say that relationship with anyone by posting in want your dream potential client to see of Quinnipac University School of Law, you can make the legal field fit you instead your blog. It will be much harder for any - some particular image? If you would not, she also writes a humorous rant blog of forcing yourself to fit into other people’s one to debate you on those points if you save it for your anonymous blog or your called “The Angry Redheaded Lawyer” images. Not all employers (and not even all have a well-placed disclaimer stating private photo album. (www.theangryredheadedlawyer.com). legal employers) want to hire robots. these things. November 2012 / The New York County Lawyer 13 Using LinkedIn for The Job Search The New York Center for By Marina Moraru, Esq. Neuropsychology The way we professionally interact and conduct job searches on social & Forensic Behavioral Science networking websites has substantial - ly changed over the last decade. LinkedIn is at the forefront of this change . Founded in December 2002 Dr. N.G. Berrill, Director and launched in May 2003, LinkedIn has (as of June 2012) more than 175 million registered users worldwide. It has become the common online career tool for exec - utives and professionals, as well as headhunters and recruiters . [ Over 25 Years \ In a modern society, especially in a distressed economy, it is not suffi - cient to search and apply for jobs on traditional job posting websites. Providing Consultation to Attorneys Networking plays a significant role in “getting” the career opportunities. & the Courts on Psycho-legal Matters To maximize success, it is important to make use of the benefits LinkedIn and other social networking web - sites have to offer . Here are some recommendations on how to make the most The recommendations could be job relat - • Criminal Cases: Competency Issues, Criminal of LinkedIn in your job search : ed, from law school/college professors or colleagues, or personal. Ask former and Responsibility, Extreme Emotional Disturbance, Risk Reevaluate your attitude toward net - current supervisors and colleagues who working . Some of us still think of net - will likely write strong recommendations, Assessment, Sex Offender Workups & Dispositional working as an unpleasant or even some - to post one on your profile . how uncomfortable activity. However, there is nothing uncomfortable about net - Connect. There are many ways to grow Planning working and it can be enjoyable if you your network: you could search for child - approach it as a means of communication hood friends, schoolmates, coworkers, and and meaningful interaction with interest - professional or personal acquaintances . It is • Matrimonial & Family Court Cases: ing people. This way everyone benefits, important to know that you are not limited and networking stops being something to people you personally know. You could you have to do and becomes an activity connect to your contacts’ connections (the Custody/Visitation, Neglect/Abuse, Termination, you want to engage in. so-called “second-degree connections”), and also to the connections of your contacts’ Delinquency, Family Violence, & Adoptions Create a professional profile. Make use of connections (“third-degree connections ”). the many options LinkedIn has to offer for Having more contacts could improve your creating a professional profile. To accom - prospects of finding a desirable position, but plish this, when you think of your profile it is generally not advisable to connect with • Civil Cases: Competency Issues, Head Trauma, think of how you would like prospective people you do not know at all . Write a per - employers and professional contacts to see sonal note when inviting a person to Sexual Harassment, Discrimination, Immigration, you. First, it is important to include a photo become a contact (instead of sending the on your profile, since it is known that users standard message), especially if you person - who include a photo have better chances to ally know the prospective contact. He or she & Post-Traumatic Stress Disorders be contacted regarding job opportunities. will notice and appreciate this. However, the caveat is that the picture depict a professional you (as opposed to a Make your profile public. Make sure romantic or party picture) . your profile is public so that anyone can find you. Also, customize your URL so Be as thorough as possible in the description that it is easy to share . This is especially of your job experience, skills, interests, and important since it is quite common nowa - Comprehensive Diagnostic & other information about yourself . Consider days for LinkedIn URL to be included on including a professional summary, which could business cards and other professional Treatment Services be short or in-depth , but well written. Also, if communications . you know one (or more ) foreign languages, make sure you highlight this on your profile, Make known your availability. Use since it could enhance your marketability . the contact settings to let others know your availability. You could choose Include one or more recommendations, “career opportunities,” “reference since they also increase your chances to requests,” “expertise requests,” or MAIN OFFICE (See Using LinkedIn on Page 14) be considered for a career opportunity. 26 Court Street, Suite 1711, Brooklyn, NY 11242 718-237-2127

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MANHATTAN Over 8,000 patents granted 139 Manhattan Avenue, New York, NY 10025 Over 15,000 212-280-3706 trademarks obtained or e-mail us at [email protected] Over 45 years of experience WWW.NYFORENSIC.COM [email protected] 14 November 2012 / The New York County Lawyer Internet as Post Road and unimpeded exchange of ideas. of time and circumstances. They extend Salary Act of 1962, 76 Stat. 840. from the horse with its rider to the stage- 6 http://www.volokh.com/posts/1213805011.shtml; (Continued From Page 11) Andrew L. Kalloch, a NYCLA member, is coach, from the sailing-vessel to the steam - see generally Anuj Desai, “The Transformation a former Staff Attorney for the New York boat, from the coach and the steamboat to of Statutes into Constitutional Law: How Early To that end, Congress should designate Civil Liberties Union and current the railroad, and from the railroad to the Post Office Policy Shaped Modern First telegraph, as these new agencies are succes - Amendment Doctrine,” 58 Hastings L.J. 671, (and the courts should recognize) the Policy Adviser to Manhattan Borough Internet and the cable that carries it as the sively brought into use to meet the demands 691 (Mar. 2007). President Scott M. Stringer. (The opinions of increasing population and wealth…As 7 http://about.usps.com/publications/annu - post roads of the modern age. A First expressed in the article are his own and they were intrusted to the general govern - al-report-comprehensive-statement- Amendment that allows Comcast and do not reflect that of his employer) ment for the good of the nation, it is not 2011/html/ar2011_report_3_001.htm; Verizon to out-speak millions of citizens only the right, but the duty, of Congress to http://www.huffingtonpost.com/2012/09/06/ with limitless campaign expenditures, but 1 http://www.nytimes.com/library/ see to it that intercourse among the States email-will-never-die_n_1860881.html . empowers those same companies to tech/00/05/cyber/articles/17tax.html. and the transmission of intelligence are not 8 http://www.pcmag.com/arti - silence average Americans from using the 2 George Washington, 1st Annual Address obstructed or unnecessarily encumbered by cle2/0,2817,2406672,00.asp . Internet as a bullhorn for their ideas does to Congress (8 Jan. 1790), Available: State legislation. 9 http://thehill.com/blogs/hillicon- not create a neutral marketplace. Rather, it http://gwpapers.virginia.edu/documents/uni Pensacola Tel. Co. v. W. Union Tel. Co. , 96 valley/technology/248619-fcc-urges-court- stacks the deck against the chorus of the on/state1.html. U.S. 1, 9-10 (1878) (internal citations omit - to-uphold-net-neutrality-rules . 3 The powers thus granted are not confined polity, undermines the Internet’s promise ted) . 10 http://www.washingtonpost.com/blogs/ post- to the instrumentalities of commerce, 4 Kendric Babcock, Rise of American tech/post/gop-adopts-internet-freedom-plank- as a medium of democratic discourse, and or the postal service known or in use when Nationality , New York: Harper and Bros, thecircuit/2012/08/29/2aebc568-f1d2-11e1- betrays our commitment to one of our the Constitution was adopted, but they keep 1906, 252. 892d-bc92fee603a7_blog.html?wprss=rss_post- most cherished positive rights and an pace with the progress of the country, and 5 The section was passed as § 305 (a) of tech . essential bulwark against tyranny: the free adapt themselves to the new developments the Postal Service and Federal Employees 11 http://xbox.comcast.net/faqs.html .

Service of Process accurate GPS reading is one within ten Lebovits discussed his previous place. Who is the custodian of the meters, which requires the GPS to connect assignment to Staten Island where a records? There must be a third party (Continued From Page 7) to four satellites. This requires a clear view high percentage of Section 8 and New contractor to keep the records avail - of the sky. If it is cloudy, or one enters a York City Housing Authority respon - able. If the GPS is not made available, traverses are often a sword for delay or building, a number of the four connections dents appeared after a judgment had is there an adverse inference? Cannot dismissal on hyper-technical grounds. If can be lost. A connection to three rather been entered by default. In many the Defendant call the independent the records are uploaded daily to a third than four satellites can be the difference of instances, Judge Lebovits felt that contractor as a witness? Upon the con - party contractor, is the record that of the 3,000 feet. Cell phones do not show the service had been improper. Does the clusion of an interesting and education - process server or of the independent con - number of satellites to which the GPS is GPS cover all apartments in an apart - al evening, one can look forward to a tractor? Whose business record is it? Will connected. Many third party contractors are ment project? There are fewer process follow up CLE, once the new technolo - it be necessary to subpoena the third party located out of state and cannot be served servers in the business and this is gy is put to the test and decisions flow. contractor to appear in court? with a state court subpoena. A process serv - good. Who has the burden of proof on er is required to bring all records related to a GPS? What if there is no evidence Robert Silversmith is the Managing David Rozenholc, for the Defendant/ the service to court. Should the attorney be presented on the GPS, but the court Member of Silversmith & Associates Law Respondent, surmised that the GPS proves allowed to test the cell phone? The third believes service was proper? The Firm, PLLC, a firm with an emphasis on little. Service of process must meet statutory party provider is required to keep records to intention of the Legislature was to real estate litigation. Bob is the former requirements. Has a proper inquiry been ensure integrity, so as to be admissible. establish whether sewer servi ce took Chair of the Civil Court Practice Section. made, or the proper mailings been per - Traverses are won by obtaining information formed? If documents are sent to a third that the process server does not expect to New Media Landscape media scene and is still being adopted by party contractor, can they be altered? be asked, for which the process server has the masses. However, if the trends of not been prepped. (Continued from page 6) other social media outlets hold true, this If there is a certification that they have not new social media tool will have staying been altered, must someone appear in court The View from the Bench power. Pinterest is building dedicated fol - to introduce the records? Mr. Rozenholc Hon. Gerald Lebovits, Judge of the LinkedIn allows its users to showcase lowers, attracting new ideas surrounding performed a simple test with one of his Civil Court of the City of New York, their professional backgrounds, achieve - monetization models, and is changing the assistants, who sat by a window. The GPS opined there are issues of authentica - ments, affiliations, and publications by way clients, and therefore lawyers, are showed that he was across the street. An tion and evidentiary concerns. Judge providing a platform that encourages doing business. So what is it? building one’s individual brand . The Using LinkedIn with where you are in your career or not, LinkedIn profile page invites its users to Pinterest is a content sharing platform that it is important to be in touch with profes - complete the profile using material typi - allows its users to share information found cally found in a resume, but it takes the on the Internet by “pinning” images, (Continued From Page 13) sional contacts. First, it is good to be aware that no one has 100 percent job resume a few steps further. This extension videos, and other visual tools. Pinterest is “getting back in touch ,” among others. security and that there is a chance you of the resume is achieved by: allowing “social” because as a virtual pinboard it will need a job at some point in your users to upload photographs on their pro - allows users to follow other members of Join professional groups. LinkedIn has career. Also, you cannot know when a files ; offering an integration with Twitter the community’s boards, repin topics, pic - numerous legal professional groups, truly great opportunity appears, but one accounts; and the ability for users to stay tures, or websites, and thus create new including the New York County Lawyers’ way to make sure it does is to nurture up-to-date on their professional connec - communities based on the pinning and Association group, that you can become a your professional relationships. tions by sending profile updates of their repinning phenomenon. Sound like too member of. Tap into these groups to LinkedIn network detailing new jobs, much? Don’t fear, it’s not. In a nutshell, engage in discussion with others in the Marina Moraru, Esq., a NYCLA member new responsibilities, levels of exposure Pinterest users tend to create theme-based legal community, access job postings, and and a graduate of Cardozo School of and experience, and of course new photo sharing experiences. In fact, as the improve your visibility . Law, is a volunteer with NYCLA’s Legal LinkedIn connections . LinkedIn also pro - user base continues to expand so has the Counseling Project. You can reach vides : a messaging system to communi - methodology by which Pinterest’s users Finally, network . ( Even if you do not Marina at [email protected] or cate with other LinkedIn users via its own have integrated this system into their need a job .) Whether you are very happy on linkedin.com/in/mmoraru. e-mail system; an opportunity to connect social media landscape. The Pinterest mis - with peers via shared group affiliations; a sion, according to its website, is to “con - methodology for firms to find talent and nect everyone in the world through the Social Disclosure committed in New York by the actual per - platforms to aid professionals in finding ‘things’ they find interesting. [They] think petrators of crimes while these 24 people new jobs; an opportunity to search com - that a favorite book, toy, or recipe can (Continued From Page 3) were wrongfully incarcerated. panies via a company’s LinkedIn profile ; reveal a common link between two people. the capability to identify friends/peers With millions of new pins added every ing the strength of the evidence as it is pre - It is time for New York to become a leader who work at those companies; general week, Pinterest is connecting people all sented. in protecting the innocent from wrongful news; and the identification of how many over the world based on shared tastes and convictions. Some say wrongful convic - degrees of separation exist between a user interests.” 10 What does that mean for attor - More than any other issue, a wrongful con - tions are inevitable. While this may be true, and a person they are seeking to meet. neys? It means that articles, websites, viction represents a catastrophic failure that we must at least be able to inform Michael LinkedIn profiles, and company blogs can all sides of our justice system can rally Mercer, and the many others who have felt LinkedIn can serve as an excellent way to be placed in one place on Pinterest and behind. State police chiefs, district attor - the worst of injustice, that our system has locate strong candidates for your organiza - when executed properly can create a very neys, defense bars, and the judiciary have done everything reasonably possible to tion, but can also be an equally strong tool compelling visual marketing package ensure the accuracy of convictions. all proposed reforms. However, New York in marketing your organization and attor - using the material your organization has has taken little action. This failure most neys within your organization . It is impor - already created. obviously impacts the individuals spending Micahel C. Pope, Esq. is a NYCLA mem - ber and Equal Justice Works Fellow at tant to remember that just as lawyers utilize years incarcerated for crimes they did not LinkedIn, clients do as well. Firm websites commit. Additionally, a wrongful convic - Youth Represent. His above essay was Like every social media site referenced in tion destroys families, leaves witnesses to selected by NYCLA’s Criminal Justice are not the last stop in the assessment of this article, there are a plethora of how- grapple with the tremendous guilt of send - Section as a winning essay in its 2012 locating great representation and it is criti - to’s to direct even the most social media ing an innocent person to prison, and keeps Public Service Fellowship Essay Contest , cal that a firm and its attorneys ’ images challenged practitioners in ways that they the actual perpetrators at-large. According open to newly admitted public sector remain consistent on-line as well as offline . can use Pinterest to aid in the marketing to law enforcement data gathered by the attorneys working in the fields of crimi - of their firms, creating business develop - Innocence Project, seven rapes, five mur - nal justice carrying more than $30,000 in Pinterest ment models for clients, and as a new ders, two assaults, and one robbery were educational debt. Pinterest is one of the newest on the social (See New Media Landscape on page 15) November 2012 / The New York County Lawyer 15 SERVICE DIRECTORY TO PLACE YOUR AD CALL 631-427-7000

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tomary concept of blogging. A Google It is evident, based on their participation in from committing suicide. After reading his disturb - New Media Landscape search for the term “blogs” resulted in social media platforms , that corporations ing Facebook post, the young lady’s parents con - tacted the British embassy who investigated the (Continued from page 14) 3,600,000,000 hits. Blogs are a type of text have realized that increased revenue may commentary that allows the creator to post correlate with increased RSS feeds. Law incident, passed the details on to police, and were publishing model. However, lawyers, like articles and then accept comments based firms, similar to Jet Blue, Southwest able to intervene in the young man’s drug overdose. Pinterest users , must remain vigilant on those articles. Many blogs are akin to Airlines, and Wachovia, are businesses and 5. Facebook reportedly offered to acquire Twitter about the legal landmines that are scat - on-line diaries while others serve as a are affected by the bottom line . There are for $.5 billion dollars-Twitter declined. tered throughout the Pinterest landscape. modern form of news conduit. Most enti - too many valid arguments to count to sup - 6. Twitpic is a tool allowing twitter users to post Fair use can only go so far and there are ties known today as “traditional print port the position that firms should enhance photographs. potential problems that can and may arise media” have adapted the concept of blog - their on-line presence to mold their image, 7. See from the unauthorized use of images on ging with USA Today , Wall Street Journal , distribute firm news, monitor the opinions http://www.cnn.com/2009/SHOWBIZ/Movies/04/03 Pinterest pages. With that said, as this New York Times , LA Times , Washington circulating regarding their firm and their /moore.twitter.threat/ index.html. article is being drafted, many businesses Post , and the NY Daily News all having clients, or their clients’ product, and as a 8. See have decided to not make the mistakes of links on their webpages to blogs affiliated way to develop new business. http://www.businessweek.com/technology/content/s the music industry from the Napster era, with their journalists. Interestingly, while ep2008/ tc2008095_320491 .htm. but rather have aimed to get ahead and legal practitioners may have been slow to Moreover, revered law news forums from 9. See http://www.nytimes/com/2010/ 04/15/technol - involved with the technology that is driv - jump on other social media outlets, they Law.com to ABAJournal.com feature arti - ogy/15twitter.html. ing brand and customer interest. are all too familiar with the concept of cles on joining social media networks and 10. See http://pinterest.com/about/ . Accordingly, television shows, magazines, blogging. So accepted is the concept of promote everything from inviting the reader 11. See http://www.abajournal.com/blawgs/ publishing companies, authors, and a blogging within the legal community that to“like” them on Facebook to posting spon - blawg100_2008/news. plethora of other content providers are the ABA Journal even ranks the 100 best sored links to help practitioners design their 12. An abbreviation for Really Simple Syndication, creating their own Pinterest pages and blogs for lawyers and publishes them on its own lawyer blog. At this juncture, the reali - RSS is a format for distributing news and other web with that are driving traffic back to their website. 11 ty is that social media has become ingrained content to a blog’s followers. websites, blogs, and amazon pages to in society’s culture and it is up to law firms increase sales and customer interaction. An example of one of the most popular to familiarize themselves with the platforms (and controversial ) legal blogs is Above available, the pros and cons of the usage , Quick Response (QR) the Law , a witty website/blog that is and to craft policies that provide protection If you haven’t noticed those two-dimen - responsible for covering the details of the for firms, employees, and clients . Ethics Hotline sional box barcodes on your magazines, legal community in an exposé fashion that The Committee on Professional Ethics junk mail, websites, and in information is a hybrid of Entertainment Tonight and Candice S. Cook is the Managing accepts both written and telephone packets, you will now . Those barcodes rep - CNN. Easily able to update its followers Member of The Cook Law Group, PLLC. inquiries on ethics matters and provides 12 advisory opinions. For additional infor - resent the new wave of information with new content via RSS feeds, Above The firm addresses the legal needs of the mation, call the members listed below. exchange in advertising and are taking off the Law has garnered a loyal following in business/corporate/technology/start- like hotcakes as developers recognize the the legal community based on its ability up/entertainment sectors to provide tra - November 1-15 steady increase of consumers utilizing to provide detailed information on various ditional legal services with cutting edge Gordon Eng mobile devices to access information. The firms—information many times submitted and innovative strategic and business 203-769-8812 bar codes are called Quick Response or anonymously by law firms’ employees. solutions. Candice also works with QR codes and they are readable by smart With no more needed than a computer, clients (including law firms) to aid in November 16-30 phones. These codes can contain a variety the Internet, and a little time, blogs can be the cultivation of their social and new Wally Larson of information and essentially provide the potent, informative, and as the media strategies and aids in the devel - 212-225-2359 user with an easy way of sending the audi - 3,600,000,000 number suggests, extraor - opment of internal policy and proce - December 1-15 ence links to information like a website — dinarily popular . dures. Her written work can be found on Sarah D. McShea without having to provide a URL . If your People.com, TheLostGirlsWorld, The 212-679-9090 smartphone is equipped with the correct The Effects of Social Media On Virginia Magazine, and Women 2.0. She reader software (which can be downloaded Lawyers has appeared in the American Bar December 16-31 for free in most app stores), it can then It’s a fact: the Internet has become an inte - Association Law Journal , O Magazine, Jim Kobak have the ability to read a variety of QR gral part of our practice as lawyers. It on The Today Show, and Elle Magazine. 212-837-6757 data ranging from websites to WIFI con - affects how we research, how we publicize She can be followed on Twitter Please Note: Assignments are subject to figuration data in a hotel , to business card our cases, and, in turn, what people learn @CandiceSC1. change. information , or full event information about our firms, clients, and cases through including addresses, time, telephone num - their own research. Just 12 short years 1. A computer user’s representation of himself/her - Questions to the Hotline are limited to an bers, and contacts . Practitioners may find ago, the extent of the data available on the self in the form of a 3 dimensional model used in inquiring attorney’s prospective conduct. that by placing QR codes on business cards Internet may have been limited to what computer games. The Hotline does not answer questions they are able to provide readers with addi - could be found in a LEXIS, WESTLAW, 2. The Supreme Court of the Australian Capital regarding past conduct, the conduct of tional data outside of the normal four lines Martindale-Hubble, or general news Territory ruled that Facebook is a valid protocol to other attorneys, questions that are being used on most business cards. For instance, archive search. Times have changed. In serve court notices to defendants. Also, in March litigated or before a disciplinary commit - practitioners can direct potential clients to addition to the information that can be 2009, an associate justice of the New Zealand High tee or ethics committee, or questions of websites, practice areas, recently published ascertained by public data bases like zaba Court, David Glendall, allowed legal papers to be law. This notation shall not be construed articles, or other data that may assist them search (a website designed to search for served on a defendant via Facebook. to contain all Hotline guidelines. For a full in better understanding who you are as an and collate information regarding US resi - 3. See http://www.abajournal.com/news/article/trial_ discussion of Ethics Hotline guidelines, attorney and your experience. dents) or spokeo (a website that aggregates from_hell_prosecutor_posts_on_facebook_jurors_tex please see the article below, “Guidelines on NYCLA’s Ethics Hotline,” published in data from various online and offline news t_bailiff_chats_in_d/ (last visited May 12, 2010). the September 2006 issue of New York sources), attorneys today now have access 4. On April 6, 2009, Facebook was heraldedfor Blogs County Lawyer . Arguably, the piece de resistance of the to the archives of major news networks , being the reason a 16 year-old Maryland girl in social networking world is the now cus - Google, and social media platforms . America was able to save a young British teenager 16 November 2012 / The New York County Lawyer