08Oct

    Australian Data Retention Law Begins

    We live in a world where both people and governments are becoming more and more paranoid about each other and their neighbors every day. Over the past few years, we’ve seen how the international political community has been rocked by the leaking of intelligence data regarding the NSA and the US government spying on both friends, its own civilians, and foes. While it’s an unspoken acknowledgement that all countries spy on each other regardless of relations, the US broke the cardinal rule of not getting caught. Now, as this sense of technological paranoia continues to grow, a new Australian law aimed at data retention and surveillance has begun today.data retention

    This newest law is proving to be controversial to say the least. It requires telecommunication companies to to hold on to metadata for 2 years, allowing the Australian government to access said data for security purposes. The companies would hold on to data including who called or texted, the amount of data sent/time spent on a call, the locations, the device used, the email IP data, and more. Holding on to this information would allow the government to access it easier and use it to pursue national security interests and concerns. With the rise of extremism and terrorism in all aspects of society, this sort of data can be used to learn about and prevent attacks of any sort before they begin.

    As anyone can expect, this new law has been proving very controversial in Australia since it was first brought up. While the government claims that the law is necessary for protection from terrorism, both domestic and external, privacy activists and other citizens are claiming a breach of privacy and the possibility for racial and religious profiling. Along with claims of the law demanding too much information for crimes that are both major and minor, another concern is that a warrant is no longer needed to request any of this information.

    If you’d like to read more, the link is here.

    10Sep

    A New Privacy Law Could Make Insurance Expensive

    Drones have been causing issues with both the law and U.S. citizens since they exploded in popularity a few years ago. There have been countless stories of people clashing and violence occurring when drones are involved in flying over private property. With issues of privacy and a fear of governmental and private spying and intrusion on private life, it makes sense that drones are viewed with suspicion — not that that justifies harming the operator or damaging someone else’s private property. Now, it seems as though a new law that was just enacted in my home state of Florida is going to make flying a drone even more financially risky.a drone flying in the air in florida

    Florida Governor Rick Scott had signed the Freedom from Unwarranted Surveillance Act (FUSA) and it took effect on July 1st. This act is meant to prohibit a person, governmental agency, or political party or subdivision to use drones from taking pictures and capturing video of a person’s private property or the people on said private property (regardless of whether they are the owner, an occupant, or simply a visitor) with the intent to conduct surveillance and spy on their private and personal lives. The law makes it so that a drone operator must get written consent from the people on said private property if they want to use the drone in this manner, especially if the people have a reasonable expectation of privacy on their own property. The law applies to both private citizens as well as law enforcement and goes along with a previous law that require police to get a warrant to use drones for evidence collection. It also doesn’t apply to certain businesses or professions that are licensed by the state for certain reasons.

    With the option to sue using this law as support, it’s going to become much more difficult for people and agencies to get insured against damage and lawsuits. It also means that many companies that rely on drones for their businesses are going to be bringing lawsuits against the state of Florida for infringing on their ability to conduct business in a free and fair way. Drones are used by insurance companies to scope out damage in hard to reach places and hazardous environments so that they can gather information more quickly and with less chance of putting someone in a dangerous position. While it remains to be seen how this will play out (after all, the law is relatively new), I can already foresee a host a lawsuits from both private citizens and corporations aimed at this law.

    If you’d like to read more, the link is here.

    09Jun

    Florida Lawyers Travel to Cuba

    Derek ByrdThe past few months have been loaded with bits and pieces of information regarding travels to Cuba, and the normalization of our relationship with the next door neighbor. As our partnership with the country continues to improve, it is imperative for us to become familiar with Cuban legislature and its laws. It has been over 50 years since the Cuban Embargo was put in place, and establishing appropriate channels to exchanging legal information and policies will be very helpful towards tourism between both countries. 

    The Florida Bar Association is sponsoring a group of 37 lawyers to fly to Havana this week and attend a four day seminar. The objective of this trip will be for US attorneys to become familiar with Cuba’s legal system and politics. Given the overwhelming numbers of travels that are planned to happen in the next few years, this council will also look at the economic state of Cuba and bring back these important findings. 

    The four day excursion will also focus on the understanding of foreign organizations operating in Cuba, and the legal ramification that will follow their establishment. The attorneys will also become familiar with specific regulations regarding investment opportunities, and business dealings. During this trip the attorneys will also be meeting with their counterparts from the Cuban Bar Association, as well as state officials. These exchanges will place light on a lot of inquiries US companies have about owning land or establishing businesses in Cuba. Topics on telecommunications and banking, as well as the supply of water and electricity are some of the most immediate questions investors would like to know.  On a lighter note, the 37 lawyers will also be able to tour some of the country’s historical establishments, such as the Museum of Cuban Art and have a performance of Cuban music and dance. 

    Cuba is taking a cautious response in relation the US inquiries and interests. Given that there are no private practices all commercial opportunities have to pass through government- run entities.  

    13May

    Recent News from the Sarasota Herald- Tribune

    Derek Byrd

    News from the Herald Tribune

    Earlier this May, the Herald Tribune wrote a piece regarding the false arrest of Cooper Moore, for an outstanding aggravated battery assault from June 2014. Cooper was arrested by local police as soon as he landed on the Grand Cayman islands on a vacation with his current girlfriend. While he was being held up, Cooper asked the police to explain why he was detained, but they did not give an explanation and instead locked him up.

    At a loss for justice, Mr. Cooper’s parents contacted the Byrd Law Firm, which in collaboration with a private investigator put together a case that was aimed to clearing Cooper Moore’s name.  According to the documents, Cooper was wrongfully accused for partaking in a fight at a Florida Smokin’ Joes. However, the investigators found that Moore was not involved, and a witness revealed the correct name of the person who was involved. Due to these findings the charges were quickly dropped. 

    According to an officer who first responded to the scene, Moore’s name was first brought to him by a bar employee who showed him the suspects Facebook page. Officer Dodge, who was on the scene said that “people lie to us everyday and they don’t want to tell the truth especially if they are associated with someone involved in a crime.”

    According to The Innocence Project, misidentification of witnesses in regards to the crime scene is one of the leading reasons of wrongfully convicting and imprisoning people in the United States.  The article also points out that the recollection of witness memory of the crime scene is even less credible after they have been shown countless of photographs of the alleged victim. 

    Further evidence of the case used by lawyers at The Byrd Law Firm was Moore’s alibi and the fact that he was never contacted by the Sarasota Police Department. Cooper was never informed of his alleged involvement in the bar fight, and a warrant for his arrest was issued shortly after. Moore was not aware of these developments until policemen picked him up months later while he was vacationing with his girlfriend. 

    Derek Byrd, attorney for Cooper Moore, states that the findings regarding his client and other suspects should have been turned over to a detective for the facts to be checked and eventually cleared. Cooper told his attorney that during the night in question, he was home and had records to prove that he never left his apartment. 

    With the help of his attorney, Derek Byrd, Moore was able to clear his name  and no longer face 8 years in prison for a crime he did not commit. He hopes that the police find the right person responsible for this fight and is willing to help in any way he can. 

    22Feb

    Legal Writing Tips

    Derek Byrd Lawyers are often judged not only by their oratory and interaction skills in the courtroom, but also on their writing capabilities.  Someone’s legal writing style differs due to a wide range of circumstances, such as the size of the firm they work for and the amount of resources offered, as well as the magnitude of the case and its specific requirements, which differ case by case. Bryan A. Garner has an extensive career as a lawyer, guest speaker and writer. He is well known for his LawProse CLE seminars that are available in your city by popular demand. During his litigation career Garner has come across some helpful guidelines to keep in mind for a more productive work flow.

    1. Understand your Client’s Needs
    When someone has been practicing a specific area of law for a long period of time, they might think that they have seen it all and most cases might start to look similar. Garner explains that its very important for litigators to truly understand their client’s situation and needs. During the interview session take good notes and come prepared with your own questions. A thorough briefing session is necessary in order to compose an all encompassing memo and case abstract.

    2. Use all Available Resources
    Today’s technology has made it very easy for attorneys to solely rely on online resources for their research. Publications such as  Corpus Juris Secundum and
    American Jurisprudence
    are obvious sources of knowledge, however they are still overlooked by many attorneys. Google books is also an option for those who want to pull from a wide and diverse variety of law journals, cases and books from all over the world.

    3. Grammar and Spelling
    This may be an easy one, but is overlooked by a lot of lawyers. Invest in a dictionary and be careful with your writing. If you turn in work that has a lot of grammatical errors, judges might think that you carry that type of carelessness in other areas of your job.

    4. Find a Mentor
    Don’t underestimate the power of mentors. This is a great way to have a pair of fresh eyes that can look over your work and give you some constructive criticism. Identify the great writers within your firm and close networking circles and reach out to them for help and some inspiration.

    If you are a fan of these simple tips mentioned above, Garner  has a wide variety of legal books that offer more helpful tips on legal writing and courtroom etiquette.

    22Jan

    Privacy Infringement Upon Fake Facebook Account

    Derek ByrdA recent lawsuit was settled between the United States and a New York resident who claimed that the DEA (Drug Enforcement Administration) created a Facebook profile page featuring her in skimpy attire, other compromising situations, as well as photos of her and her relatives and underage son. Although the government does not admit to any fault, they did settle with the plaintiff for the amount of 134,000 dollars.

    The profile, which was created with the woman’s real information, was intended to draw in people who were suspected to of being part of a large drug ring. The plaintiff stated that the fake profile Facebook page depicted her as conspiring with law enforcement, which put her life in danger. However, prosecutors have refuted her charges on grounds that she had consented to the profile creation when she allowed the government to use her cellphone and the available data in it.

    The justice department is reviewing the files particular to this case, as well as federal practices that deal with public personal information, such as photos, text messages and Google searches. Mariko Hirose, Staff Attorney for the New York Civil Liberties Union, believes that these allegations highlight the immediate need of reviewing old procedures that include law enforcement regulations and how they deal with peoples’ digital identities.

    The fake Facebook profile page depicts the New York resident posing on a car in her undergarments, as well as pictures that show her son and other relatives. The agent who impersonated the woman, also send friend requests to a wanted fugitive under said account.  Her attorneys focused on creating a case making dealt not only with their client’s infringement on personal information, but also the overarching problem of privacy in this digital age.

    A Facebook spokesperson commented on the matter “We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates Facebook’s terms,” and has since removed the profile.

     

    21Nov

    5 Myths Regarding Practicing Law

    imgresPeople who don’t practice law tend to have a preconceived notion of what a lawyer actually does or how he actually got to become a lawyer. It leads to many myths tied to law or lawyers. Lets take a look at five myths that are tied to practicing law according to aboutcareers.com.

    1. Becoming a lawyer is a guaranteed path to financial success:
    Not every lawyer is comfortable financially. For one, after attending those additional years of schooling, a lawyer has far for student debt than say someone who received their traditional four year degree and went right to work. Lawyers do not just catch on anywhere and receive a job. The most financially comfortable lawyers work for the largest firms in the world. These firms tend to have over 100 attorneys and make up 1% of all law firms.

    2. As a lawyer, I can eradicate injustice and affect societal change:
    Litigation is not clear cut in the sense that good trumps evil. Because you’re client did the right thing or was victimized is only half the battle. If you don’t play the law strategically, you can still lose despite your client being innocent. You still have to present a valid case and play your hand. More often than not, cases end up in compromise rather than right defeating wrong.

    3. I will make a great lawyer because I am good at arguing:
    Just because you can always strike a good argument and make a great conversation out of it does not mean you’re cut out to be a lawyer. You have to be logical, do research and essentially persuade a jury or judge that what you’re preaching makes sense and actually happened.

    4. Litigators lead a thrilling, high-powered and glamorous life:
    With so many law shows out there like Suits, Law and Order, or Franklin and Bash, its easy to think that all these lawyers live thrilling and extremely comfortable life. That however is not the case. Lawyers are not actually in a courtroom as often as you think they are. Practicing law requires a lot of research done on your own from your office. Less than 1% of all cases go to trial.

    5. The work of a lawyer is intellectually challenging:
    Lawyers are constantly doing the same practices over and over that the work is actually mundane. Newer lawyers in large firms are often in charge of doing a large portion of the work which can become mind numbing.

    19Nov

    Social Media’s Effect on Criminal Trial Law

    imgresThe OJ Simpson trial in the 90s was important for a number of reasons, not least of all as a signifier of the powerful effect of mass media on a trial. High-profile cases are now regularly featured in tabloids and popular online news aggregators.

    A recent study, Public Engagement with the Criminal Justice System in the Age of Social Media, examines this same topic 20 years later, in a world where mass media is much different, and much more pervasive.

    The study links the media’s portrayal of criminal trials to the dwindling of public confidence in the country’s criminal justice system. Researchers looked examined a host of data points for participants, including news reading sources and habits, knowledge about major recent criminal trials, and overall trust in the criminal justice system at large.

    The study’s abstract claims that the study is the first look at social media’s impact, specifically. If that’s true, it’s amazing researchers have waited so long. We have to imagine it won’t be the last study of its kind.

    Ultimately, the study finds that social media coverage and conversation about criminal trials do not enhance public knowledge, and does nothing to increase confidence in the overall system. What does tend to increase when the public engages in social media surrounding a trial, is a “greater desire for vengeance and encouragement of vigilante attitudes and behavior.” The conclusion adds that the advent of ‘cyber vigilantism’ may have been born, in part, from this effect. Noble motives, but potentially harmful actions.

    As we each make choices about how we use the internet to enhance and enrich our lives, we need to consider how it’s affecting us and our perceptions of our world.

    You can download the entire study here. [http://opo.iisj.net/index.php/osls/article/view/325/471]