John Castellano on United States v. Jones: Defining the Scope of the 4th Amendment in a Digital Era

In United States v. Jones [ enhanced version available to lexis.com subscribers ], the Supreme Court announced that a warrant is required to track a suspect by attaching a GPS device to the suspect's vehicle, even though the suspects' movements are public and could be fully discovered by simple...

Professor Jim Clark on Analysis of Crimes and Defenses 2012 UCMJ Article 120, Effective 28 June 2012

By Professor Jim Clark Congress defines military sexual crimes in Article 120 of the Uniform Code of Military Justice (UCMJ). 10 U.S.C.S. § 920 et.seq. Effective on June 28, 2012, the newest version of military sexual crimes more successfully shifts the focus to the offender, but is not without...

Troutman Sanders LLP: Virginia Horse Breeder Brought to Heel over Defamatory Facebook Postings about Kennel Owner

While the social media revolution is in full swing, laws that have existed for years before the revolution began and which punish libel and statements made with the intention of hurting someone's business or reputation still apply. Defamation is still defamation and conspiracy is still conspiracy...

Troutman Sanders LLP: Is an Online Search a Background Check for FCRA?

By Christina Bost Seaton Over a year ago, our colleagues at the Information Intersection blog warned that employers should think twice before using websites such as Spokeo.com , which are aggregators of personal information collected from online sources, including social media. They warned that: ...

Greek Olympian Gets Quick And Dirty Lesson About Being 'Profersonal'

Jason Seiden , the co-founder and CEO of Ajax Social Media , calls it profersonal : the inherent intertwining of our personal and professional personas online. Last week, Greek Olympian Voula Papachristou got a quick and dirty lesson on being profersonal. Greece removed her from its Olympic team over...

Proposed Minnesota Voter ID Amendment: Classic Bait and Switch or Concise Ballot Summary?

In April 2012, the Minnesota Legislature approved a proposed amendment to Article VII, Section 1 of the Minnesota Constitution . The proposed amendment would add two subsections as follows: "(b) All voters voting in person must present valid government-issued photographic identification before...

State Net Capitol Journal: Challenge Ahead For Voting Rights Act

Forty-seven years ago, Democratic President Lyndon Johnson signed the Voting Rights Act of 1965, outlawing the discriminatory election practices employed in much of the South, including his home state of Texas. Now another Texan, Republican Attorney General Greg Abbott, is poised to dismantle a key element...

Troutman Sanders LLP: Avoiding Legal Problems Created by Your Company Website (Part I)

In today's technology-focused age, commercial websites are ever more sophisticated and interactive, allowing customers to do far more than view and purchase a company's products. More and more businesses use social media outlets such as Facebook and Twitter to reach consumers and build brand...

Troutman Sanders LLP: Avoiding Legal Problems Created by Your Company Website (Part II: Gathering Information from Website Visitors)

By Troutman Sanders Part I of this post addressed the content that appears on your company website - both content you create or that was created for you and content generated by users of your website. Today, we will look at the various technologies for collecting information from users - often without...

Nebraska Lawyer Sues Bar Association Over Speech Rights

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 9 filed a lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments. Scott Lautenbaugh, Esq., an Omaha, Nebraska...

State Net Capitol Journal: Surprising Election Fraud Scandal Surfaces In Florida

It has usually been Democrats who have been accused, mostly by Republicans, of doing little to deter voter fraud - or worse. In a recent op-ed piece on CNN's Website, Reince Priebus, the chairman of the Republican National Committee, went as far as to say, "Democrats know they benefit from election...

This is real law: Can Corporate Counsel Tame Cloud Computing?

By the Real Law Editorial Team Owning data can be like owning a tiger. Both are extremely powerful and useful-even essential-for your particular business. Specific laws govern how both are to be treated and maintained. It is also very, very bad if you lose either of them. Which brings us to...

Dispute Over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

On October 4, 2012, the U.S. District Court for the Eastern District of Pennsylvania in Eagle v. Morgan [ enhanced version available to lexis.com subscribers ] granted in part and denied in part an employer's motion for summary judgment on an ex-employee's federal claims under the Computer Fraud...

State Net Capitol Journal: More Hot - And Reheated - Issues For States In 2013

Last week, SNCJ took a look at some of the most pressing issues facing states in 2013. Here are a few more, some of which are either ongoing considerations for state lawmakers or matters likely placed square on their radars by last month's elections. VOTER ID - According to the National Conference...

Dickstein Shapiro LLP: Emerging Insurance Coverage Issues From Superstorm Sandy

By Kirk A. Pasich, John E. Heintz and Jared Zola, Partners, Dickstein Shapiro LLP In Superstorm Sandy: Emerging Insurance Coverage Issues , partners in Dickstein Shapiro LLP's Insurance Coverage Group discuss insurance coverage considerations for businesses and communities affected by "Superstorm...

Free White Paper Download: Cloud Computing: Data Has a New House

By Terry Williams of LexisNexis and Richard Perrin of Dickstein Shapiro To get an idea of the "pitch" for cloud computing in the law firm, imagine this fictional conversation between a senior litigation attorney at a large law firm and an executive of a company thatprovides cloud computing...

California's Rainwater Recapture Act Lets State Residents Capture, Use Harvested Rainwater

By Scott Slater and Courtney Davis of Brownstein Hyatt Farber Schreck, L.L.P. Passage of the Rainwater Recapture Act of 2012 affords residential users and private and public entities with a new source of on-site water supply, which should reduce reliance on potable water for landscaping needs and...

State Net Capitol Journal: Gay Marriage Battle Begins in Minnesota

Emboldened by Minnesota voters' simultaneous rejection of a proposed constitutional ban on same-sex unions and termination of GOP control of both houses of the Legislature in November, a pair of DFL lawmakers have introduced legislation seeking to overturn the state's statutory ban on same-sex...

Wyoming Man’s ‘Just Compensation’ Case Reinstated by Washington, D.C., Appeals Court

By William Perry Pendley DENVER - A Wyoming man whose lawsuit-in the U.S. Court of Federal Claims in Washington, D.C., for "just compensation" for use of his private property as a federal trail-was dismissed in November 2011, won a victory March 26 when the U.S. Court of Appeals for the...

State Net Capitol Journal: Connecticut Enacts Sweeping Gun Control Law

In Connecticut, where less than four months ago Adam Lanza fired 154 shots in four minutes from a Bushmaster AR-15 semiautomatic rifle, killing 26 children and teachers at Sandy Hook Elementary School, lawmakers passed and Gov. Dannel Malloy (D) signed what some called the most comprehensive gun control...

Sands Anderson PC: A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing

By Donna Ray Berkelhammer We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but...

Illinois House of Representatives Fails to Vote on Marriage Bill

"This is a stunning failure in the Illinois House. Lambda Legal's lawsuit will move forward..." At the close of the legislative session, the Illinois House of Representatives did not call for a floor vote or advance The Religious Freedom and Marriage Fairness Act, the bill that would grant...

High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional

WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S. Supreme Court on June 26 struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as the legal union between one man and one woman as husband and wife for purposes of all federal statutes...

Supreme Court Finds No Standing To Appeal Same-Sex Marriage Ruling

WASHINGTON, D.C. - (Mealey's) Proponents of California's Proposition 8 banning same-sex marriage did not have standing to appeal a ruling finding the ballot initiative unconstitutional, the U.S. Supreme Court held June 26 in a 5-4 ruling ( Dennis Hollingsworth, et al. v. Kristin M. Perry, et...

State Net Capitol Journal Spotlight: Hot Issues Won’t Vary Much in 2014

By Rich Ehisen | For most states, 2013 was a welcome respite from the usual election year political gridlock. That all changes next year, with 38 governorships, 46 legislative chambers, 33 United States Senate seats and all 435 House of Representatives seats up for grabs. But amidst all that politicking...