Litigation

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Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues
Posted on 23 Jul 2012 by Philip Miles

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... Read More

Judge Hits Home Run In Ruling On Discoverability Of Social Media Content
Posted on 23 Jul 2012 by Margaret (Molly) DiBianca

As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly... Read More

Are Facebook And MySpace Messages Subject To Discovery?
Posted on 16 Jun 2010 by Doug Cornelius

In the recent case of Crispin v. Audigier , a California judge ruled that Facebook and MySpace messages that aren't publicly available are protected information under the Stored Communications Act, and therefore can't be subpoenaed for use in... Read More

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery
Posted on 18 Feb 2014 by Abbey Spanier

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... Read More

Feds Settle Case Of Woman Fired Over Facebook Site
Posted on 8 Feb 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) Employers should think twice before trying to restrict workers from talking about their jobs on Facebook or other social media. That's the message the government sent on Monday as it settled a closely watched lawsuit against... Read More

Kim Kardashian Sues Old Navy Over Lookalike in Ads
Posted on 25 Jul 2011 by LexisNexis Litigation Resource Community Staff

LOS ANGELES - (AP) Kim Kardashian wants Old Navy to stop using a lookalike to advertise its clothing. The reality show starlet and model on Wednesday sued the clothing store and its parent company, The Gap Inc., in a Los Angeles federal court alleging... Read More

Massachusetts Judge Dismisses Winklevoss Lawsuit Against Facebook
Posted on 28 Jul 2011 by LexisNexis Litigation Resource Community Staff

NEW YORK - (AP) A federal judge in Boston has dismissed a lawsuit a gainst Facebook filed by Cameron and Tyler Winklevoss, Harvard classmates of CEO Mark Zuckerberg. The Winklevoss twins' claim that Zuckerberg stole the idea for Facebook from them... Read More

New York Man Adds E-Mails To Facebook Ownership Lawsuit
Posted on 13 Apr 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

Link, Like, Love Lexis®! Win an American Express Gift Card
Posted on 21 Sep 2011 by LexisNexis Litigation Resource Community Staff

We're always looking for feedback from our community members. For instance: What do you like most about us? Think we need to do something different? Or do you like us just the way we are? Whatever the case may be...we want to hear from YOU! We... Read More

Bullivant Houser Bailey: Why Defense Lawyers Should Care About Social Media, Part 2
Posted on 10 Feb 2014 by Bullivant Houser Bailey PC

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... Read More

Facebook Moves To Dismiss Complaint Based On Use Of Minors’ ‘Likes’
Posted on 14 Feb 2011 by Frankfurt Kurnit Klein & Selz

A recent class action on behalf of California minors takes aim at Facebook for its practices regarding the use of Facebook members' names, likenesses, and preferences. The plaintiffs allege, among other things, that Facebook encourages its users to... Read More

Merck Settle Securities Lawsuits for $688 Million, Facebook IPO Derivative Suits Dismissed
Posted on 19 Feb 2013 by Kevin M. LaCroix

In what may be the largest settlement ever in securities class action litigation involving a pharmaceutical company, Merck has agreed to a combined settlement of $688 million to settle two related securities class action cases. The company's February... Read More

William A. Ruskin: Pharmaceutical Failure to Warn.... On Facebook?
Posted on 19 Mar 2014 by William A. Ruskin

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... Read More

Service Of Process Through Facebook
Posted on 9 Nov 2011 by Lisa McManus

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... Read More