Jim Lamm

Jim Lamm

Gray Plant Mooty

Contact  |  View Bio  |  RSS

Latest Publications


Appointing a Legacy Contact for a Facebook Account After Death

Facebook now allows you to appoint a “legacy contact” for your Facebook account after you die. Previously, after a user died, Facebook would not allow anyone else to access or modify the deceased user’s Facebook account, but...more

2/13/2015 - Facebook Social Media Social Networks

Video Clip: Family Fights to Access Late Son’s Digital Data

Minnesota’s KSTP-TV Eyewitness News ran a video story on January 20, 2015, by Tom Hauser about the Anderson family who tragically lost their nineteen-year-old son, Jake. Their son’s death was ruled accidental, but the family...more

1/22/2015 - Beneficiaries Digital Assets Internet Service Providers Proposed Legislation

Keeping a Secure List of Passwords, Online Accounts, and Digital Property

An important part of a comprehensive estate plan (planning ahead for incapacity and death) is preparing a complete list of your passwords, online accounts, and other digital property—and keeping it up to date. This list helps...more

1/13/2015 - Beneficiaries Digital Assets Intangible Property

Video Clip: Family Wants Access to Son’s Digital Data After Death

Minnesota’s KMSP-TV Fox 9 News ran a video story on September 9, 2014, by Ted Haller about a family wanting access to their deceased nineteen-year-old son’s digital data. They have been seeking access to his text messages,...more

9/11/2014 - Digital Assets Estate Planning Social Media Social Media Account Ownership

Delaware Enacts Fiduciary Access to Digital Assets Act

On August 12, 2014, Delaware’s governor signed into law the Delaware Fiduciary Access to Digital Assets Act, which is based on an earlier draft of the recently-approved Uniform Fiduciary Access to Digital Asset Act....more

8/28/2014 - Digital Assets Durable Power of Attorney Estate Planning UFADAA

Uniform Fiduciary Access to Digital Assets Act (UFADAA)

On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was passed by the Uniform Law Commission. My colleague Gene Hennig and I originally proposed this uniform law in May of 2011, and I’m very happy...more

7/17/2014 - Digital Assets Fiduciary Duty New Legislation Pending Legislation UFADAA

Estate Planning and Tax Issues for Bitcoin and Other Virtual Currencies

For estate planning and tax advisers, it’s important to know about all of a person’s valuable and significant assets, including digital assets, so that they can help the person properly plan ahead for incapacity, death, and...more

5/15/2014 - Bitcoins Estate Planning Estate Tax Property Tax Virtual Currency

Google and Microsoft Update Their E-Mail Privacy Policies

Google and Microsoft have both recently updated their policies regarding the privacy of e-mail contents. The updates are about different issues and were initiated in response to different events....more

4/17/2014 - Email Google Microsoft Privacy Policy

Facebook Updates Its Policies for Deceased Users

According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. ...more

2/27/2014 - Computer Fraud and Abuse Act Estate Planning Facebook Stored Communications Act Terms of Service

Valuable $50,000 Twitter Account Allegedly Stolen

There was an interesting January 29, 2014, article on CNET written by Don Reisinger describing how a thief/hacker allegedly hijacked an Internet domain name and e-mail account belonging to Naoki Hiroshima and stole his...more

1/30/2014 - Cybersecurity Cybertheft Data Protection Domain Names Estate Planning Hackers Twitter User Names

Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital...

As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...more

11/6/2013 - Electronic Communications Electronically Stored Information Preemption Stored Communications Act Supremacy Clause

August 2013 List of State Laws and Proposals Regarding Fiduciary Access to Digital Property During Incapacity or After Death

When a person becomes incapacitated or after a person dies, there are significant challenges that fiduciaries and family members face when dealing with that person’s smartphones, computers, electronically stored information,...more

9/9/2013 - Estate Planning Internet New Legislation Proposed Legislation Smartphones

Tips From Security Experts on Choosing and Storing Passwords

One of the most frequently asked questions I hear when I talk about estate planning for digital property is, “How should I choose and store secure passwords for my accounts?” There’s a great July 10, 2013, article by Dan...more

7/12/2013 - Cybersecurity Data Breach Data Protection Encryption Passwords

E-Alert - Minnesota Tax Law Changes

Governor Dayton signed the new Minnesota Omnibus Tax Bill (HF 677) on May 23, 2013. While there has been media coverage regarding the changes to the sales tax, you may be less familiar with the Minnesota income, gift, and...more

6/3/2013 - Estate Tax Gift Tax Income Taxes New Legislation

Value of Internet Domain Names in Estate Planning and Probate

Today, I saw an interesting article about the value of Internet domain names, especially as more mobile devices move to “apps” instead of Website–based services. The July 20, 2011, article was written by Austin Carr and...more

7/21/2011 - Domain Names Estate Planning Internet Mobile Apps Mobile Devices Probate

15 Results
View per page
Page: of 1

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.