New Jersey strictly regulates occupations through the Department of Consumer Affairs. There are over 51 Professional and Occupational Boards and Committees. These Boards are responsible for regulating a wide variety of professions, contractors, and businesses. Licensing Boards have broad powers for investigating and imposing discipline for a variety of actions, past or present. Actions by […]
There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the […]
A. Assessing the Structure of the Entity and Who the Attorney Represents When an attorney is brought into a potential investigation, regulatory, employment or litigation, or other legal advice matter that will involve issues subject to the Attorney Client and Work Product Privileges counsel should first identify and confirm the nature of the entity, the […]
Our courts have established how social media postings, including Texts, Twitter, Facebook, and other social media postings may be authenticated for admissibility in court. Authenticating such evidence is “flexible” and only requires a prima facie showing for authentication. New Jersey Courts are given “considerable latitude” in admitting digital communications and social media at time of trial. Digital and […]
The internet and social media have become primary engines of First Amendment speech, economic activity, and maintaining social and family relationships. Well before COVID-19 and the practice of physical “social distancing,” American courts acknowledged the increasing importance of access to a computer/smart device and the internet in everyday life. There is a “new normal” that […]
By Eric Marcy, Esq. In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the subordinate that gave rise to the claimed deprivation of civil rights. Shift Commanders, Lieutenants, Captains, Deputy […]
What to Know about Digital Messaging, Social Media, Investigations, and Litigation Whether the matter is a criminal investigation, criminal prosecution, civil action, and/or family law case, digital communications, texts, emails, and social media posts are fertile and increasingly common sources of evidence in investigations and litigation. Digital communications such as texts, emails, and social media […]
In 2021, Pew Research Center conducted a survey that indicated that 85% of United States adults own a smartphone. Because of exponentially increasing technology, a digital footprint is often left without a smartphone user’s knowledge or consent. As the world enters an Orwellian age where businesses track likes, comments, and Google-search history to better tailor […]
Families are created in many different ways. Adoption is a rewarding process that gives a child a stable and permanent home when a biological parent(s) cannot or will not for whatever reason. Whether you are adopting a child or putting your own child up for adoption, you may have questions about your financial rights and […]
The Use and Abuse of Privilege in Class Action and Complex Litigation By Eric Marcy, Esq. Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document discovery base are materials involving in-house counsel or […]
