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…” …

Privacy
4674

Internet Safety for Parents & Students 2013

Last year we discussed, “there is no delete.”  This year we add to that: social media is not free; the price of admission is your personal information. A special thanks to Rosarian Academy for allowing me to speak to parents and students in separate sessions so parents can learn tips …

iOS
7141

Palm Beach County Bar: How to Effectively Use Technology in Your Practice

Thanks to the Palm Beach County Bar Association’s Solo & Small Firm Practitioners Committee for the invitation to speak on “How to Effectively Use Technology in Your Practice.” We focused on iPhone/iPad apps for your practice, mediation, and trial as well as general social media discovery and marketing tips. Today’s …

Ethics
3336

Judge’s Guide to Social Media

The Fourth District Court of Appeal ruled yesterday that it was grounds for disqualification if a judge was Facebook-friends with the prosecutor.  In Pierre Domville v. State of Florida, a criminal defendant moved to disqualify Judge Andrew Siegel because the prosecutor was one of the judge’s friends on Facebook.  The …

iOS
4151

iPhone & iPad Apps For Lawyers CLE

The Palm Beach County Bar Association presents a 2-hr lunch seminar, “iPhone & iPad Apps for Lawyers,” on Friday, June 15, 2012. Come learn tips about your device that you likely did not know. Better still, learn of over 60 unusual-but-not-obscure apps for lawyers.  We do not cover obvious apps like …

Ethics
3716

New York City Bar Opion 2012-2 – “Inadvertent” Social Media Contact May Violate Rules

The practice of using search engines and social media to research jurors has existed for several years (arising about the time we stopped using the phrase, “Web 2.0”).  In 2009, I wrote a “how to guide” explaining to lawyers how to use social media to research jurors — in a …

Social Media
3953

California Court Explains How to Get Facebook Content Without Violating SCA

In Juror Number One v. Superior Court of Sacramento County v. Royster et al., a juror reportedly entered upwards of 30 Facebook posts during trial.  Some were reportedly deleted.  The issue of juror misconduct was raised.  The trial court ordered that the juror execute a consent form “sufficient to satisfy …

Social Media
3170

New Rules for Juror Internet Use in Florida Criminal Cases

The Florida Supreme Court issued an opinion last Thursday approving new standard jury instruction 1.001 (Introduction) which, according to the Comment, deals with jurors’ “communication with other and outside research.” If there is any question as to the serious nature of juror internet use — either tweeting/Facebooking about service or …

E-discovery
4463

Discovery of Facebook Content in Florida Cases

At least two Florida courts have issued orders permitting the discovery of Facebook content in civil actions (one is here).  This has been the subject of orders, appeals, and articles around the country. But how exactly do you pursue social media discovery (or, conversely, protect your client from it?). “Discovery …

Privacy
5056

Florida Court Orders Plaintiff to Produce Facebook Content

Consistent with most jurisdictions nationwide, a Fort Lauderdale, Florida circuit court judge ordered plaintiffs in a medical malpractice case to produce Facebook data in discovery.  Plaintiffs had objected to the production on the grounds that the request was overbroad, burdensome, not within the scope of discovery, and violated privacy rights. …

Privacy
4571

Facebook Security Settings for Lawyers (and Their Families)

As much as lawyers want to use Facebook for advertising, a key concern is security for their “public” accounts… and their personal ones.   This October 2011 article from the Palm Beach Bar Association explains, in step-by-step format, how to secure your Facebook accounts. In light of the recent Facebook …