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Feds Settle Case Of Woman Fired Over Facebook Site

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 a Connecticut ambulance company that fired an employee...

Facebook Moves To Dismiss Complaint Based On Use Of Minors’ ‘Likes’

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 communicate "likes" of goods and services...

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...

Access The LexisNexis Communities Facebook Page Instantly From Your Smartphone Using Our QR Code

The LexisNexis Communities Facebook page Quick Response Code (QR Code) makes it simple to access the Communities Facebook page instantly by scanning from your iPhone or Smartphone! Using any one of the free QR Code reader apps for smartphones, such as ScanLife or RedLaser , just scan the code below and...

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...

Kim Kardashian Sues Old Navy Over Lookalike in Ads

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 their ads violated her publicity rights with ads...

Massachusetts Judge Dismisses Winklevoss Lawsuit Against Facebook

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 got the full Hollywood treatment last year in the...

'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...

The 'Googling Juror' Has Emerged As 'Massive Concern' In Courts

By William A. Ruskin In an on-line article titled, " Rely on Instructions to Curb the Socially Networked Juror " (3/19/12), Dr. Ken Broda-Bahm writes that "the 'Googling Juror' has emerged as a massive concern in the courts with plenty of stories on the process being thrown...

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...

Facebook Users File Amended Consolidated Digital Privacy Class Action - Free Complaint Download

SAN JOSE, Calif. - Facebook users on May 23 filed an amended consolidated class action complaint in federal court here in the case In re: Facebook Internet Tracking Litigation (No. 5:12-md-02314-EJD, N.D. Calif. [San Jose]). The class action asserts federal statutory and California State causes...

2nd Circuit: Failure to Disclose 'Known Uncertainties' States Securities Claim

In a May 25, 2012 decision in a long-running case that, among other things, could have important implications for the lawsuits recently filed against Facebook, the Second Circuit reversed the lower court's dismissal of the securities suit involving Ikanos Communications, holding that the plaintiff's...

Judge Hits Home Run In Ruling On Discoverability Of Social Media Content

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 when the issue is complicated or novel or the law...

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...

Merck Settle Securities Lawsuits for $688 Million, Facebook IPO Derivative Suits Dismissed

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 14, 2013 press release announcing the settlements...

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...

The Week in Securities Litigation: SAC Capital, Insider Trading And Facebook Dominate

Speculation about SAC Capital and Steve Cohen, insider trading and Facebook dominated securities enforcement litigation this week. Although SAC Capital has tentatively resolved matters for the moment with enforcement officials, a ruling in private litigation involving Mr. Cohen sparked fresh speculation...

The Week In Securities Litigation: Record Payments, Potentially Significant MOU

Record payments and a potentially significant MOU were the focus in securities enforcement litigation this week. French oil and gas giant Total paid the DOJ and the SEC $398 million to settle FCPA charges, the fourth largest sum paid in settlement of corruption charges. NASDAQ paid $10 million, the largest...

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...

High Court Considers Whether Conviction For Threats Requires An Intent Showing

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Dec. 1 heard oral arguments over whether a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker ( Anthony Douglas Elonis v. United States of America ,...