A court in Australia accepted an unsent, draft text message on a mobile phone as an official Last Will and Testament. Nichol v. Nichol The decedent, Mark Nichol, a 55 year old man, committed suicide in 2016. The decedent’s mobile phone was found on a work bench in the shed where the deceased’s body was found.. read more →

On September 13, 2017, Governor Christie signed legislation known as the “Uniform Fiduciary Access to Digital Assets Act.” In doing so, New Jersey joined 23 other states which have already have enacted a version of the law. The new law recognizes a fiduciary’s right to control a decedent’s digital assets. Under the new law, a.. read more →

A California appeals court held that a trial court’s order directing a trial attorney to remove posts from her law firm website touting her successes constituted an unlawful prior restraint on the trial attorney’s constitutional right to free speech. Christie Steiner v. Superior Court of Santa Barbara County, 2d Civil No. B235347 (Super. Ct. No… read more →

New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit, holding that “excessive texting” from one divorced parent to the other does not necessarily amount to harassment. L.M.F. v. J.A.F.,Jr.,  Superior Court of New Jersey, Appellate Division, Docket No. A-0121-10T3, approved for publication. The parties married in 1989 and divorced.. read more →

Last month, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association (ABA) issued two new ethics opinions clarifying an attorney’s duty to protect confidential client information when email, text messages or other electronic communications are sent or received. ABA Formal Ethics Opinion 11-459, issued on August 4, 2011, is entitled “Duty.. read more →