Social Media

How Jurors and Lawyers Use Social Media and Technology

  Lawyers are ethically required to stay competent with emerging technology that impacts their practice.  You need confidential communications.  You need to know how to research. This article, How Jurors and Lawyers Use Social Media and Technology, discusses how the average juror is using the internet AND explains what your …

Social Media

Deleting versus Deactiving Facebook

With the revelation that Facebook is tracking users across the web, even if you log off, I have deleted my Facebook account.   Yes, deleted.  Not just deactivated. You can “deactivate” your Facebook account and it disappears from sight but it is still there in the Facebook vault, ready for …

iOS

If This Then That (IFTTT) For Lawyers

An app called “If This, Then That” or IFTTT exists to bring together your smartphones alarms, notices, social media, and other internet tools so that you can, as their tag line says, “take control of the internet.” This article, “If This Then That (IFTTT” For Lawyers” explains how to combine …

Social Media

Florida Judge Disqualified After Facebook-Friending a Litigant

A Florida judge has been directed to recuse herself by an appellate court after the judge sent a Facebook-friend request to a party during divorce proceedings. Specifically, Judge Linda D. Schoonover was presiding over a divorce and, prior to entry of a final judgment, sent a Facebook-friend request to the …

4th Amendment

No Social Media Privacy for Alleged Colorado Theater Shooter

Defendant James Eagan Holmes, the alleged Aurora, Colorado movie theater shooter, sought to suppress records obtained from two “dating” sites, Adultfriendfinder.com and Match.com (to be clear, the former is for “sex and swinger personals”). TMZ.com apparently broke the story that Holmes, using the alias “classicjimbo,” had a picture of himself …

E-discovery

Spying Spouses: Social Media & Divorce / Family Law

  Thanks to the Palm Beach County Bar Association’s Family Law CLE Committee for inviting me to speak at the “Spying Spouses” seminar today. The materials for my section on “Family Law Discovery: Social Media and E-Discovery” is here. We discussed: * mistakes that lawyers make in e-discovery and social …

Privacy

Google Using Your Photo in Ads? Turn Off “Shared Endorsements”

  New terms and conditions going into effect on November 11, 2013 for Google Plus members will permit Google to use your photo in ads. Here’s how to turn it off: The following is long but I’m assuming you haven’t used Google Plus since you signed up! 1.  Log into …

Social Media

Your Law Firm Blog is Terrible

Some of the worst legal writing is found… on the internet.  Yes, when there is an opportunity to market, explain a new legal development, or explain the latest law firm news, lawyers take to their firm blogs and write some of their worst material.  We understand.  Billable hours are draining. …

Privacy
460

Boston Bombing: Getting Your News From Internet vs. Television or Print

The recent bombing of the Boston Marathon lead to an unprecedented manhunt which shut down a city and drove a nation to watch the events unfold on live tv. But how “live” was it?   If you were to follow the news hashtags on twitter or listen to the police …

E-discovery
2236

Judge Orders Neutral Examiner of Plaintiff’s Facebook Account

Faced with a dispute over whether a defendant hospital was entitled to access to the plaintiff’s Facebook account, a Pennsylvania judge ordered that a “neutral expert” would be given access to search the plaintiff’s Facebook account for photos of her engaging in physical activity and for references to “snow” (due …

E-discovery
7295

Defendants Want Social Media, Plaintiffs Want E-Discovery

In civil lawsuits, particularly those involving individuals as plaintiffs and businesses as defendants, lawyers on either side are turning to new discovery tools that they can use against their opponent without much fear of retribution.  Specifically, a defendant seeks a plaintiff’s social media.  Embarrassing and risky for the plaintiff, perhaps, …

Defamation
4188

Florida Court Holds Threat on Facebook to be “Sent” to Victim

In Timothy Ryan O’Leary v. State of Florida, the First District held that Defendant’s threat of bodily harm posted to his Facebook page was “sent” under Florida Statute 836.10 (“Written Threats to Kill or Do Bodily Harm”) because it was viewed by Defendant’s Facebook friend who was a family member …

Social Media
2847

Palm Beach Judge Sasser Rules on Social Media Discovery

  In a slip-and-fall personal injury action, Palm Beach County Circuit Court Judge Meenu Sasser entered a January 29, 2013 Order Sustaining Plaintiff’s Objections to Social Networking Discovery. Judge Sasser’s 11-page opinion enters the fray among other trial and intermediate appellate court opinions on the discoverability of social media information. …

Social Media
4701

Social Media Policy: You’re Probably Doing It Wrong

Countless lawyers and HR professionals bravely set out to craft social media policies without having critical tools: a true working knowledge of social media, a clear direction, common sense, and an up-to-date knowledge of what is allowed by law.   Don’t trust the lawyer-with-a-facebook-account nor should you task the youngest …

E-discovery
4605

Fawcett v. Altieri: A New York Court Gets Social Media Discovery All Wrong

A New York court has held that, based on a “survey of social media case,” that there is a two prong test for production of Facebook content which includes developing facts before conducting certain discovery.  The court notes that Facebook production is “tantamount to a costly, time consuming fishing expedition…” …