Monday, February 10, 2025

Can a Thumbs-Up Emoji Form Binding Sales Contract?

At least, in Canada, yes. Technology and Marketing Law Blog has the details:
This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote.

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The seller argued that he had used the thumbs-up emoji to acknowledge receipt of the buyer’s text, not to assent to it. The majority says that is theoretically possible...Nevertheless, the majority says that the seller chose this particular emoji in this particular context...As a result, the emoji functioned as a signature...

The blogger, Prof. Eric Goldman, suggests that the outcome would have been the same in the United States:

While Canadian law resembles US law about electronic signatures, the emoji-as-signature issue may have been an easier call in the US courts. I think that the E-Sign and UETA laws in the US make it entirely clear that the emoji usage in this context would satisfy their requirements as a signature.

Monday, February 3, 2025

Second Amendment Legal Update, February 2025

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, January 27, 2025

Family Court E-Filing service expands to Schuyler, Seneca and Yates Counties

More family courts in the Finger Lakes now offer electronic filing (e-filing) for new custody/visitation, guardianship, parentage, paternity and support matters.

According to Schuyler County Attorney Steven Getman, as of Tuesday (January 21) Schuyler, Seneca and Yates counties join sixteen other counties across New York State in offering the service, known as NYS Courts Electronic Filing (“NYSCEF”).

“NYSCEF service permits the filing of legal papers by electronic means with the courts in certain case types,” Getman said. “In an e-filed case, the court and all parties to the action are provided with the same documents as they would receive in a non e-filed case. The difference is that the documents are provided electronically. This avoids the costs and time associated with printing, copying and mailing documents.”

“Expanded e-filing helps lawyers provide better service to their clients. Using technology to submit paperwork saves time, energy and taxpayer dollars,” Getman said. “This is especially helpful for rural communities, such as those in the Finger Lakes, where litigants may find travel difficult or costly and where there may not be enough lawyers,” Getman said.

New York State courts were already using e-filing statewide for many other types of cases, Getman noted. Courts having already instituted e-filing include Supreme Court, Surrogate’s Court and the New York State appellate courts. The federal courts also have their own electronic filing system, available to lawyers and the public, he said.

The court system offers training on how to use the e-filing system for people who do not have an attorney and are representing themselves, Getman said. Training also is available to attorneys and their staff members, he noted.

The New York State Bar Association studied the impact and benefits of e-filing for more than a decade with the most recent report adopted in 2023, which detailed the benefits of an expanded, statewide e-filing system.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county. In that role, his office represents the Department of Social Services and Probation Department in various family court prosecutions, including child abuse and neglect, juvenile delinquency and child support enforcement.

For more information on New York State family court e-filing, including a complete list of counties participating, click here.

Monday, January 20, 2025

Schuyler County solar development on farmland class to be held January 23

Solar development on farmland class to be held in Montour Falls (WETM-TV):

Schuyler County farmers and landowners are invited to an upcoming workshop to learn more about solar development on agricultural lands.

Schuyler County Cornell Cooperative Extension (CCE) and Schuyler County Farm Bureau are hosting a workshop to address critical issues around solar development as it becomes more common for solar panels to be installed on agricultural lands in the Finger Lakes Region. The workshop will educate farmers and landowners about the important issues and teach them the things

they should know before leasing land to solar companies.

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The workshop, which is called “Solar & Ag in Schuyler County: What you need to know,” will start at 9:30 a.m. on Thursday, Jan. 23, and should end by 2:30 p.m. It will take place in the Human Services Complex, located at 323 Owego St. in Montour Falls. Registration is required, and there’s a $15 fee to join. The fee will include lunch.

For more information on factors to consider when leasing land for solar power, see below:

Leasing your land for solar... by Steven Getman

Monday, January 13, 2025

New York State Jury Service and Reform: Notice of Public Hearing

The Williams Commission is a permanent, independent commission within the New York State Unified Court System, committed to promoting racial and ethnic fairness in the courts. Its mission is to enhance the court system’s responsiveness to communities of color while advancing diversity, equity, and inclusion across the legal profession.

The Commission will be holding a hearing to discuss challenges to jury service and explore recommendations to improve jury outreach and diversification within the Third Department, including the Third, Fourth, and Sixth Judicial Districts as follows:

Date: Thursday, January 30, 2025
Time: 10:00 AM – 4:00 PM
Location: Appellate Division, Third Department
Robert Abrams Building for Law and Justice
State Street, Room 511
Albany, New York 12223

For more information on the Franklin H. Williams Judicial Commission, click here.

Monday, January 6, 2025

Second Amendment Legal Update, January 2025

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, December 30, 2024

New laws for New York in 2025

Here is a list of some of the new laws taking effect in 2025:

• The New York State the Equal Rights Amendment.
• Transparency from telemarketers
• Deterring cell phone theft
• Making it easier to cancel health club contracts
• Banning certain fees on leased cars
• Posting restaurant inspection grades
• Paid leave for some expectant mothers
• Expanded access to childcare
• Raising New York’s minimum wage
• Expanced coverage for persons with severe job-related stress
• Expedited payment of unclaimed funds
• Regulating classroom temperatures
• Labels on drugs and cosmetics
• Disclosing diaper ingredients
• Cracking down on hate-fueled threats
• Insurance coverage for dyslexia exams
• Expanded protection against domestic violence
• Seat belts required on charter buses

Monday, December 23, 2024

Student Law Day 2025 Art Contest Announced

Press release:

In celebration of Law Day 2025—commemorated annually in May to highlight our nation’s rule of law—the courts’ Office for Justice Initiatives’
Division of Access to Justice and the Historical Society of the New York Courts invite high school students statewide to participate in an art contest inspired by the American Bar Association’s 2025 Law Day theme, “The Constitution’s Promise: Out of Many, One.”

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Submissions should be original pieces of art that depict what the Law Day 2025 theme means to the artist. All submissions must be received by February 25, 2025. The winners will be announced on May 1, 2025. This year, the contest will consist of two rounds. In the first round, entries will be judged against others within the same judicial district. The first-place winners in each judicial district will then advance to the second round to compete statewide. First, second, and third-place statewide prize winners will be selected from the second round and awarded cash prizes, courtesy of the Historical Society of the New York Courts, and have their artwork featured on the court system’s website.

For more information, click here.

Monday, December 9, 2024

Second Amendment Legal Update, December 2024

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, December 2, 2024

Schuyler County Officials Warns Seniors About Gift Card Scams During the Holidays

In an effort to inform and protect senior citizens and other consumers during the holidays, Schuyler County officials Tuesday (November 19) warned the public to be wary of gift card scams.

“As we enter the holiday season, we want to educate the public on potential scams, including those involving gift cards,” said Office for the Aging Director Tammy Waite.

According to Waite, gift card scams are a common type of fraud that targets older adults. Scammers may call, email, or text, claiming to be from a government agency, financial institution, or well-known company. They may tell the victim that they have won a prize, that their account has been compromised, or that they need to pay a fee to avoid a penalty. The scammer will then ask the target to purchase a gift card and provide the gift card number and PIN number to the scammer.

“Only scammers will tell you to buy a gift card, like a Walmart Card or Amazon Card and give them the numbers off the back of the card,” stated Schuyler County Sheriff Kevin Rumsey. “No matter what they say, that’s a scam. No legitimate business or government agency will ever tell you to buy a gift card to pay them.”

“Gift card scams are a growing threat, and we urge consumers to be cautious when purchasing and using gift cards,” Rumsey continued. “If you suspect a scam, do not hesitate to report it."

In addition, Schuyler County Attorney Steven Getman urged victims report any scam directly to the gift card company immediately.

“No matter how long ago the scam happened, report it,” Getman said. “Always keep a copy of your gift card and store receipt. Use them to report suspected fraud to the issuer. Some companies are helping stop gift card scams and may give your money back if you ask.”

Said District Attorney Joe Fazzary, “the sad reality is that thieves pray upon our senior citizen community. They do this in a multitude of ways, many of which include demanding money from the victim for something that may appear legitimate. It may also come in the form of a threat that something bad will happen if they don’t follow the scammer’s instruction. The scammer may use an email address that seems similar to one the victim knows thereby suggesting that the request for money is coming from a friend or colleague, legitimate business, or government official. Frequently, the demand or request will be for gift cards from a legitimate business, requiring the victim to purchase the card and then provide the card number to requestor. This will most likely always be a scam. Billions of dollars are stolen from senior citizens by this method every year. If anyone has a question about whether a request for gift cards or any other type of monetary payment is a scam, they should immediately contact law enforcement or the District Attorney’s Office.”

Schuyler County officials offered the following tips on how to recognize and avoid gift card scams during the holiday season:

• Gift card scams start with a call, text, email, or social media message. Scammers will say almost anything to get you to buy gift cards — like Google Play, Apple, or Amazon cards — and hand over the card number and PIN codes.
• Scammers will say it’s urgent. They will say to pay them right away or something terrible will happen. They don’t want you to have time to think about what they’re saying or talk to someone you trust.
• Scammers will tell you which gift card to buy (and where). They might say to put money on an eBay, Google Play, Target, or Apple gift card. They might send you to a specific store — such as Walmart CVS, or other chain stores. Sometimes they’ll tell you to buy cards at several stores, so cashiers won’t get suspicious. The scammer also might stay on the phone with you while you go to the store and load money onto the card. Hang up immediately.
• Scammers will ask you for the gift card number and PIN. The card number and PIN on the back of the card let the scammer get the money you loaded onto the card — even if you still have the card itself. Don’t give them those numbers or send them a photo of the card.

Schuyler County urges those who believe they are victims of a scam to contact the Schuyler County Sheriff’s Office at 607-535-8222 or in an emergency dial 911. Outside of Schuyler County, complaints can be filed with any local law enforcement agency or to the New York State Consumer Frauds Bureau by calling 1-800-771-7755.