Expectation of Privacy

New Digital Assets Law Coming to California???

What happens to your Facebook account when you die… does it die too? What about your PayPal account, iTunes library and all your other valuable digital assets? States around the country have begun to pass legislation that allow individuals to access social media accounts and other digital accounts on behalf of a deceased individual. To date, over 20 states have passed their…

New CLE Course on Drones & Liability

Very soon there will be as many drones in the sky as flies…. that may be a stretch, but you get the picture of how popular drones have become. Every year millions of drones are bought used for everything from conducting surveillance and crop science to filming weddings, bar mitzvahs and other celebrations. But what happens when the drone your 12 year-old…

New CLE Course on Drones and Civil Surveillance

Drones are one of the hottest new technologies on the market. They are available online for as little as $89.00 and they can be flown legally under an altitude of 400 feet with certain weight restrictions. Very soon, millions of drones will be filling our skies on a daily basis for fun, to deliver pizzas, to drop off your latest purchase…. and spying…

CLE Course: Issue Spotting in Criminal Law Cases

There is a great deal at risk when a person is accused of a crime. Your client’s life and liberty are at stake, and there is a lot of information you need to be able to recognize to ensure that your client’s rights are properly protected. Whether you are a civil attorney that needs a refresher on criminal law or you are…

CLE Course on the Importance of Mobile Phone Forensics in Litigation

For many of us, the only time we’re not using your smartphone is when we are taking a shower – and I have to admit to checking my fantasy football scores in the shower. If you are like me, your smartphone is a text messaging device and a phone… and it’s also an Internet browser, a GPS device and the easiest way…

CLE Course on How the Supreme Court Analyzes Evolving Technology

Almost 100 years ago, the Supreme Court was forced to decide on the admissibility of evidence from a groundbreaking new technology – the systolic blood pressure test. At the time, the evidence from the systolic blood pressure test – or lie detector test – was held to be inadmissible because it was not “sufficiently established to have gained general acceptance in the particular…

CLE Course: Ethics of Cloud Computing

Welcome to the digital age! The use of cloud computing technologies offers lawyers and law firms alike distinct advantages in terms of cost savings, flexibility & mobility, ease of use and more efficient client service. However, because cloud computing places data – namely confidential client information – on remote servers outside of the lawyer’s direct control, it has given rise to some…

Juror Privacy … Or a Fair Trial?

By Jason Castillo, Director of Legal Education There is a major conflict brewing in our American legal system.  The conflict pits the electronic privacy rights of jurors against the Sixth Amendment and the right to a fair trial for criminal defendants.  And last week a California Appeals Court decision bolstered the Sixth Amendment – while possibly undermining the SCA and juror privacy.[1]  In Juror…

ABA Suggests Added Duties for Emailing Attorneys

ABA Formal Opinion 11-459 discusses the steps that lawyers must take to address the risk of third parties gaining access to email and text communications with a client.  The Formal Opinion –  entitled Duty to Protect the Confidentiality of E-mail Communications with One’s Client – seems to suggest that lawyers now have an added duty to warn clients of the confidentiality concerns…