Waiver Of Attorney-Client Privilege Or Work Product Doctrine Through Social Media

Social media provides the potential for both client and attorney to waive work-product doctrine protection and attorney-client privilege by publicly disclosing confidential information. Voluntary disclosure of the content of a privileged attorney communication constitutes waiver of the privilege as...

New York Man Adds E-Mails To Facebook Ownership Lawsuit

BUFFALO, N.Y. - (AP) A New York man who claims he struck a deal with Mark Zuckerberg in 2003 that entitles him to half of Facebook Inc. has included in a new court filing e-mails he said he exchanged with the Facebook founder. In his federal court complaint, Paul Ceglia of Wellsville said. . . . Full...

How Can Law Firms See A Return On Their Investment In Social Media?

Lawyers use social media. Perhaps the largest group is lawyers who use it to market their firms and themselves. From network marketing on LinkedIn® and Facebook® to content marketing via blogs and YouTube®, lawyers are finding ways of demonstrating thought leadership, publishing...

'Friending' Adverse Witnesses: When Does It Cross The Line Into Unethical Conduct?

You represent the defendant in a personal injury case in which the 20-year-old plaintiff claims that she can no longer enjoy the pleasures of life and is confined to her home. During the course of examining plaintiff’s witness in deposition, the witness mentions communicating with the plaintiff...

Service Of Process Through Facebook

Courts are increasingly willing to accept service through Facebook and other social media platforms when other methods fail. United States Mpafe v. Mpafe , Hennepin County, MN No. 27-FA-11-3453: Authorized service of divorce proceedings on defendant, who was believed to have left the country...

Court Allows Plaintiff Quick Peek Into Defendant's Facebook Account

A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details: The Judge's page long Order does not provide the background on the case leading up to this Motion...

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues

In Trail v. Lesko (opinion here) , Allegheny County Judge Wettick provided a great resource for anyone researching social media discovery issues. Judge Wettick authored a 20-page opinion, running through nine Pennsylvania state court decisions addressing discovery of social media in litigation: [The...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Bullivant Houser Bailey PC: Why Defense Lawyers Should Care About Social Media, Part 1

By Andrew B. Downs Over the past several years, the use of social media has expanded dramatically to the point where it now can have a significant impact on business decisions, corporate public relations and how litigants are perceived. For those reasons, defense lawyers need to be social media...

Bullivant Houser Bailey: Why Defense Lawyers Should Care About Social Media, Part 2

By Andrew B. Downs Federation of Defense & Corporate Counsel (FDCC) Blog This is the last post in a two part series from the Federation of Defense & Corporate Counsel's (FDCC) Blog on social media and what defense lawyers need to be aware of. In Part 1, we discussed the mob rule...

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery

A recent Pennsylvania State Court order granting a defendant’s motion to compel the production of one of the plaintiff’s Facebook log-in credentials found that social media accounts– even if set to private –are fair game in discovery. In Largent v. Reed , Case No. 2009-1823...

Social Media Blunders in Employment Law – How a Facebook Post Can Turn a Case Upside Down

Social media has forever changed how the world communicates. While many have cited the positive consequences of social media, employment law attorneys are discovering that a simple Facebook post can turn into a costly mistake. The latest social media blunder occurred in an age discrimination case...

William A. Ruskin: Pharmaceutical Failure to Warn.... On Facebook?

By William A. Ruskin The Facebook page of Switzerland-based drug maker, IBSA Institut Biochimique S.A . (“IBSA”), appeared innocent enough: If you have just been diagnosed with hypothyroidism or are having difficulty controlling your levothyroxine blood levels, talk to your doctor about...