Filed under Law & Technology …

May 06 2013
Blogging, California MCLE, CLE, Facebook, Intellectual Property (IP), Law & Technology, Law Practice Management, Legal Marketing, Legal Research, Malpractice, MCLE, New Jersey MCLE, New York MCLE, Online CLE, Personal Injury, Privacy, Social Media, Twitter

CLE Course: Ten Social Media Myths for Attorneys

Social media has changed society and along with it the practice of law.  Those attorneys who previously adopted the “Ostrich” approach – burying their heads in the sand and hoping it would all go away – must pull their head out and learn to adapt to our new Web 2.0 world.

It is now apparent that social media is not a fad – it is a paradigm shift.  Like email, Twitter and Facebook are here to stay … and that’s just the beginning.  There are currently over 400 social media websites and the list continues to grow every month.

Web 2.0 World

Social media is not just for teenagers and college kids anymore, companies and professionals now utilize social media for many business purposes.  Attorneys must be cognizant of social media and the legal issues that it presents in order to avoid legal liability and ethical violations in their own practice, and to fully counsel the clients they represent.

If you need help understanding the complex intersection of social media and the law, we have just added an excellent CLE course entitled Ten Social Media Myths for Attorneys.  In this extremely current and informative CLE course, Deborah Gonzalez of Law2sm provides an extremely comprehensive overview of the legal issues created by social media.  This course delves beyond merely introductory social media concepts and goes in-depth into complex legal social media issues so that attorneys are better able to counsel their clients.  The main areas addressed by Ms. Gonzalez include what is social media, ten principal social media myths for attorneys and resources for attorneys.

Further topics discussed include:

  • The many forms of social media
  • The new digital world
  • Why attorneys & professionals use social media
  • The principles of social media
  • Ethical rules that apply to social media use by attorneys
  • Disclaimers
  • Trademark protection
  • The FTC & false credentials
  • Astroturfing
  • Twitter-jacking
  • Cyber-stalking
  • Privacy
  • Employment law issues
  • The criminal system & the right to a fair trial
  • Digital legacy
  • Digital assets
  • State & federal laws impacting social media

Deborah Gonzalez is an attorney whose legal practice focuses on art, music, entertainment, digital, social media and online law.  She is licensed to practice in both New York and Georgia, and her clients include museums, galleries, artists & art professionals, animators, filmmakers, musicians & music professionals, authors, and various other creative professionals.  Ms. Gonzalez is the legal advisor to the Georgia Music Industry Association and currently serves on the board of Women in Film & Television Atlanta.  She is also a member of the Georgia Entertainment Association, Georgia Production Partnership, Women in Animation, and the Entertainment Law sections of the Georgia and New York Sate Bar Associations.  She speaks at various industry conferences around the world – such as SEIGE CON and SIAF – on legal issues and concerns for artists of all genres.

Tagged , , , , , ,
Nov 09 2012
CLE, Client Funds, Ethics & Professionalism, Ethics Codes, Law & Technology, Litigation, Malpractice, MCLE, Online CLE, Personal Injury, Substance Abuse

Avoiding Ethical Violations & Legal Malpractice Claims

Legal Malpractice – two words attorneys never want to hear in their legal career … unless they are taking a CLE course with Attorney Credits.  There are many avenues that can lead to a malpractice claim, from conflicts of interest to improperly calendaring important dates.  However, many of these ethical traps can easily be avoided with a little knowledge and diligence.

We have just added an excellent resource for attorneys entitled Avoiding Ethical Violations & Legal Malpractice Claims: An Expert’s Perspective. Prominent Legal Malpractice attorney James E. King provides a comprehensive discussion of the common ethical pitfalls that  lead to ethical violations from the state bar and legal malpractice claims from your clients.

The main topics discussed include:

  • The Golden Rules
  • The attorney client relationship
  • Avoiding legal malpractice during the representation
  • Avoiding legal malpractice once the attorney client relationship has terminated

In addition to the main topics Mr. King also discusses a number of other pertinent ethical considerations. Further points addressed include communicating with clients, procrastination, keeping current on fees, substance abuse, representing multiple clients, potential conflicts, clarifying & limiting the scope of the attorney client relationship, the retention agreement, clients who habitually change attorneys, suing for legal fees, withdrawal, handling matters promptly, staying current on the law, the “rescue attorney,’ mistakes, keeping a clear record and client papers.

The course is currently offered in the following states and qualifies for 3 credits hours of Legal Ethics:

James E. King is the Founder of the King Law Corporation in San Diego.  Mr. King specializes in attorney fee disputes, legal ethics, and advises corporate counsel and law firms on litigation costs.  Mr. King has testified as an expert witness on numerous attorney-client fee disputes and has skillfully represented prominent clients such as Prince Fahd Aziz of Saudi Arabia and Heisman Trophy winner Rashaan Salaam.  Mr. King serves as a Special Master for the State Bar of California and is Vice-Chair of the Fee Arbitration Committee for the San Diego County Bar Association.  Jim also lectures and publishes works on attorney fee ethics and other related topics.

Oct 10 2012
Leave a comment
California MCLE, CLE, Facebook, Law & Technology, New York MCLE, Social Media, Texas MCLE, Twitter

Who Owns a Social Media Account?

As we have progressed into our new Web 2.0 world, social media has created a brave new world … but it has also created new legal issues.  Once again we are faced with a novel question: does the employer or the employee own the social media account?

The latest case comes from Pennsylvania and involves an employee’s claim that her former employer violated the Computer Fraud and Abuse Act (CFAA) when it took control of her LinkedIn account after she was terminated.[1] Last week the judge ruled that the employee – Dr. Linda Eagle – could not continue with her CFAA claim and that it should be dismissed before trial.

“In other words, Plaintiff asks the Court to rely on pure conjecture to find … that she suffered “loss” for purposes of the CFAA.” – Judge Ronald L. Buckwalter

However, although Eagle’s federal CFAA and Lanham Act claims were rejected, she is permitted to proceed to trial under various state law causes of action. These state law causes of action include identity theft, tortious interference with contract, misappropriation of publicity and civil conspiracy. Judge Ronald L. Buckwalter will continue to hear the case under supplemental jurisdiction.  The trial is set for October 16, 2012.

So who owns the account? What do you think?

For more information about the case click the links below:

11-4303 – Eagle v. Morgan et al

Employer Takeover of Employee’s LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains

Judge Allows LinkedIn Account to be Stolen by Employer

Judge: Takeover of employee LinkedIn account doesn’t violate hacking law

And for more information about continuing legal education, please click the links below:

California CLE Page

New York CLE Page

Texas CLE Page

[1] The CFAA mandates that the plaintiff demonstrate that he or she was harmed by the defendant’s unauthorized access to a computer system. The CFAA states: “[a]ny person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator.”

Oct 03 2012
Leave a comment
Education Law, Employment Law, Facebook, Law & Technology, Privacy, Social Media, Twitter

California Enacts Social Media Privacy Law

Social media privacy has been at the forefront of the headlines recently. Over the last few years, universities and employers have started turning to Facebook to check up on existing and potential students and employees.[1]

However, universities and employers in the Golden State no longer have that option starting January 1.  Two bills signed into law last week will soon prohibit California businesses and schools from requiring applicants, students and employees to turn over social media passwords and related private content.[2]

“The bottom line is that California is leading the way in the enactment social media privacy legislation that protects schools, students, prospective students, employers, employees, and job applicants“ – Bradley Shear [3]

The vetting of social media accounts first national drew attention last year in Maryland. In that case, a Maryland corrections officer was required to provide his Facebook user name and password as part of his recertification process.[4]  Since this case made it into the national headlines, more states have sought to protect student’s and employee’s privacy online – although some commentators claim there is no precedent for this type of employee and student privacy.  Once Maryland became the first state to pass this type of legislation Illinois, Delaware, Minnesota, New Jersey, Washington, Massachusetts and California are also began considering and passing similar legislation.

Bradley Shear, a Washington, D.C. based attorney specializing in social media law, has helped a number of states draft their online privacy laws to combat social media monitoring. It’s not surprising that Mr. Shear also served as an adviser to the two California bills’ respective authors and is frequently cited when it comes to the intersection of social media and the law.

In the long run, these two bills will reduce liability and save businesses and universities millions of dollars because it now means that there is no legal duty to monitor their employees’ and student’s personal password protected digital content.[5]

Fore more information, please click the links below:

California Social Media Privacy Laws Give Students, Employees Online Rights

Facebook, Twitter, email passwords made private under California law

No password for you: california enacts social media privacy laws affecting employers and postsecondary educational institutions

Should States Enact Social Media Privacy Legislation?

[1] A number of employers have began asking applicants for social media passwords and some Universities have begun monitoring student athletes.

[2] The bills AB-1844 (bars employers from demanding social media-related material) and SB-1349 (similar legislation for colleges and prospective students) – will go into effect January 1.

[4] A CareerBuilder survey found that roughly 2/5 of polled employers were using social networking tools to screen candidates as of last spring.  See California Passes Tough Social Media Privacy Laws

[5] Universities are already utilizing reputation monitoring services like UDiligence and Varsity Monitor to monitor certain high-profile student athletes.

Sep 29 2012
Leave a comment
Blogging, Facebook, Law & Technology, Social Media, Twitter, Uncategorized

Law Blogs … Here to Stay

It was only last year when I overheard this comment between a couple of seasoned practitioners at a CLE event: “Well, I guess I have to go out and get an email account … because that email thing isn’t going away!”  Yes, I did almost spit out my morning coffee when I heard this – although I was luckily able to refrain and simply offer a small chuckle under my breath.

There was a bit of facetiousness to the comment … but there was also bit of seriousness.  These attorneys have probably seen quite a few advancements in their years of practice, from the fax machine to Personal Computers.  Somewhere deep inside, I think that last thing this attorney wanted to do was adapt to a new technology in the last few years of his career.

One thing that is apparent in 2012 is that law blogs are here to stay – and they have come a long way since the early days of Web 2.0.[1]  We have come so far in fact, that the ATL blog (Above the Law) even found it’s way to the top of the Business Insider’s 15 Most Influential Law Blogs.  All the way to #2 in fact.

Like many technological advancements in the legal community, blogs have taken a little bit of time to catch on.  But at this point in time, blogs, tweets and ‘friending’ have become firmly entrenched in our online society. These are no longer fads … Facebook and blogging are now part of the legal landscape as well – just like courts, depositions and angry judges.

To check to see if any of your favorite blogs made the Business Insiders Top 15 Most Influential Law Blogs, please click here.   And to learn more about law blogs, take a look at what Kevin O’Keefe is doing over at LexBlog.

[1] For an incredibly great (and entertaining read) see “What Is Web 2.0” by Tim O’Reily

http://oreilly.com/web2/archive/what-is-web-20.html

Sep 07 2012
Leave a comment
CLE, Law & Technology, Online CLE

Now Offering CLE for Alabama Attorneys

We are happy to report that we are now offering CLE courses for attorneys in Alabama. Attorneys from the “Yellowhammer State” may now take a number of Attorney Credit’s courses that have been pre-approved by the Alabama CLE Commission.

Alabama attorneys may earn up to six credit hours each reporting cycle with online CLE courses. This is not bad considering this represents half of the required 12 CLE units that Alabama attorneys must complete each year.

In addition, we also keep track and report your compliance to the Alabama CLE Commission within thirty (30) days of course completion. Many attorneys enjoy this value added reporting feature.  It saves you the time and hassle of reporting your CLE units yourself.

Credits for the 2012 MCLE year must be completed by midnight of December 31, 2012. Transcripts will be available ONLY online in late January after posting of programs and attendance has been completed. Non-compliant attorneys will receive a written Notice of Non-Compliance on or about January 31, 2013.[1]

We have also created an FAQ for attorneys in Alabama. This is a very comprehensive FAQ that answers a number of important questions an attorney might have about the MCLE requirements in Alabama. Please make sure to complete and report your CLE by the deadlines listed above. Failure to report by January 31 will cost you $100 — and any deficiency plan must be accompanied by another $100 check.

Please click the links below for further information:

Alabama CLE FAQ    

Alabama How Does It Work?    

Alabama CLE Requirements    

Alabama State CLE Page

Alabama One-Click State Bundles    

Alabama CLE Commission

[1] https://www.alabar.org/cle/

Sep 05 2012
Leave a comment
Facebook, Law & Technology, Privacy, Social Media

Should States Enact Social Media Privacy Legislation?

California recently became the first state in the country to pass legislation aimed at preventing employers and colleges from viewing the social media accounts of employees and students.[1] While a number of other states have passed this type of legislation, California is the first state to protect both students and employees.

This legislation may collectively save California businesses tens of millions of dollars a year in costs to monitor their employees’ personal digital accounts. In addition, this law may save California businesses tens of millions of dollars per year on cyber liability insurance premiums that would accompany a duty to monitor employees in the digital/social media space.[2] – Bradley Shear

However, some commentators claim that this type of legislation greatly expands employee’s rights. And the financial industry lobbied for – but was denied – an exemption from the California legislation.

Social media legislation crystallizes the novel privacy issues we now face in the Digital Age. While this type of legislation may afford employees and students expanded privacy rights, there has never been a Facebook before.

Governor Jerry Brown must decide by September 30 whether to sign or veto these two bills. I would expect the two bills to pass. Since numerous states have also enacted social media legislation, it is apparent that carving out a small slice of electronic privacy is an important priority to many Americans.

By Jason Castillo, Director of Legal Education

For more information please click the links below:

Will Other States Follow Maryland in Protecting Online Privacy

California’s Governor Mulling Pair of Social Media Bill

California: First state to pass comprehensive social media privacy legislation

California Social Media Privacy Bill Would Put New Restrictions On Employers

[1] The legislation will protect two main classes of people – employers/employees/job applicants & schools/students/student applicants. California will become the first state to enact such comprehensive social media privacy legislation – provided that Governor Brown signs both SB 1349 and AB 1844.

[2] California: First state to pass comprehensive social media privacy legislation

http://www.shearsocialmedia.com/2012/08/california-first-state-to-pass.html

Aug 31 2012
1 Comment
Facebook, Law & Technology, Social Media

Facebook ‘Likes’ … Protected Speech?

By Jason Castillo, Director of Legal Education

Not long ago our Supreme Court decided that corporations donating money to political campaigns was considered protected free speech under the First Amendment.  The case is known as Citizens United and the decision left quite a few people scratching their heads … because the court first had to decide that corporations are essentially people in order to gain protections under the First Amendment.

Well, another speech case in Virginia now has people scratching their heads.  The case involves Facebook ‘likes’ and protected speech under the First Amendment.  In case you live in a cave and have never been on Facebook:[1]

The Like button lets a user share your content with friends on Facebook. When the user clicks the Like button on your site, a story appears in the user’s friends’ News Feed with a link back to your website.

In the Virginia case, Judge Raymond A. Jackson concluded that merely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection according.  Judge Jackson reasoned that since there are no ‘statements’ made when clicking the ‘like’ button there is no First Amendment protection.

“No such statements exist in this case. … Simply liking a Facebook page is insufficient. It is not the kind of substantive statement that has previously warranted constitutional protection.”

It seems that this Virginia judge has either taken an incredibly narrow view of ‘speech’ in our digital age – or he needs to get a Facebook account!  For more information on the story, click here.  For the ACLU‘s latest brief to the Fourth Circuit Court of Appeals, click here.

[1] http://developers.facebook.com/docs/reference/plugins/like/

Aug 03 2012
Leave a comment
CLE, Florida MCLE, Law & Technology, MCLE, Online CLE

Questions about CLE in Florida?

States around the country have varying rules when it comes to continuing legal education – different compliance dates, reporting cycles, credit hour requirements … the list is exhaustive. There are some states such as Delaware and Pennsylvania that even limit the amount of online units an attorney can complete.

Attorneys in Florida have no such limit when it comes to online education and may satisfy all 30 units with online courses. And as part of CLE Your Way we have numerous ways for attorneys in Florida to complete their CLE. Attorneys in Florida may choose from the following media formats:

Streaming Video

Video is streamed to your computer through your Internet browser

Streaming Audio

Audio is streamed to your computer through your Internet browser

MP3

Downloadable audio format; can be played on your computer, laptop, tablet, iPhone, iPad, smart phone or MP3 player

Video Download

Downloadable video format; can be viewed on your computer, laptop, tablet, iphone, iPad, or smart phone.

CD and DVD Bundle

If you purchased a CD or DVD bundle you will be sent a set of discs. View or listen to your courses with any compatible device.

MP3 Player Bundle

If you purchased an MP3 Player bundle you will be sent an MP3 Player pre-loaded with MP3 courses and an FM transmitter. The FM transmitter allows you to listen to your courses on your car stereo. The FM transmitter easily connects to the MP3 player and broadcasts your audio course to any unused FM radio channel.

USB Flash Stick Bundle

If you purchased a USB Flash Stick bundle you will be sent an 8 GB USB stick pre-loaded with video courses. To view the courses you will plug the USB stick into your computer, laptop, or tablet and start watching the courses.

One of our main goals at Attorney Credits is to make completing your CLEs as convenient and easy as possible. With our multiple media formats, attorneys in Florida and around the country can work online or offline – from the home, office, car.  And with our pre-loaded MP3 Player bundles, you can complete all 30 CLE units while walking around the lake or hanging out at the beach.

Click the links below for more information:

Florida CLE FAQ  

Florida CLE – How Does it Work?  

Florida CLE State Requirements    

Florida Bar CLE Webpage

Florida CLE Rules    

Aug 03 2012
Leave a comment
CLE, Law & Technology, Law Practice Management, MCLE, New Jersey MCLE, Online CLE

FAQ For Mandatory CLE in New Jersey

Only recently did CLE compliance become mandatory in New Jersey.[1] In New Jeresey, the Board on Continuing Legal Education was created and assigned the task of administering the Supreme Court’s requirement.[2]

New Jersey attorneys must be aware that only 12 of the required 24 units can be completed with online courses. However, there are two main exceptions that would allow New Jersey attorneys to complete all 24 units with approved online CLE. First, attorneys who do not reside in New Jersey may qualify for an out of state exemption (see: BCLE Reg 201:8).  Second, some attorneys may also qualify for a medical exemption which would allow them to complete all required 24 CLE units via online study (see: BCLE Reg 201:8).  For more information on these rules click here.

  • Compliance Group 1: Attorneys whose birthdays are during the period from January 1 through June 30 must certify their compliance in each even numbered year next following the completion of a compliance period.
  • Compliance Group 2: Attorneys whose birthdays are during the period from July 1 to December 31 must certify their compliance in each odd numbered year next following the completion of a compliance period.

We received a number of calls last year around the December 31 deadline from New Jersey attorneys.  Since MCLE is new to many  attorneys in New Jersey, there were quite a few questions on online credit hours, medical & out-of-state exceptions, reporting dates and other aspects of the new mandatory continuing legal education program. If you have questions we have recently updated our FAQ for New Jersey attorneys which should serve as an excellent informational resource. Please click the following links for more information:

New Jersey CLE FAQ

New Jersey CLE – How Does it Work?

New Jersey CLE State Requirements  

New Jersey Board on Continuing Legal Education 

New Jersey CLE Rules  

[1] Effective January 1, 2010, all lawyers holding a license to practice law in the State of New Jersey are required to participate in the mandatory continuing legal education program (http://www.judiciary.state.nj.us/cle/).

[2] Pursuant to New Jersey (N.J.) Continuing Legal Education Rule 1:42.

← Older posts