LexisNexis® Legal Newsroom
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...

Social Media Rules Of Civil Procedure - Practical Tips For The Litigator: A LexisNexis® Litigation Resource Center Podcast Featuring Lisa McManus, Min Cho And Stacie Winkler

On this edition, attorneys Lisa C. McManus, Min K. Cho and Stacie S. Winkler examine some of the social media "rules of civil procedure." They discuss ESI discovery requests, using social media to research opposing counsel, and serving subpoenas and service of process through Facebook. Copyright©...

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...

Tweets And Status Updates Meet The Courtroom: How Social Media Continues To Be A Challenge For E-Discovery In 2011

By Nadine R. Weiskopf According to a survey from Arbitron Inc. released in April 2011, the percentage of Americans age 12 and older who have a profile on one or more social networking websites has reached almost half (48 percent) of the population-double the level from three years ago (24 percent...

Hispanics United: NLRB Gives First Written Decision Involving Social Media

In the NLRB's final act before the long Labor Day weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics United -the first written decision in an NLRB case involving social media to result in an ALJ decision following a hearing. In Hispanics United , five employees...

2011 Fulbright Litigation Trends Survey: A Little Less Litigation; More Regulation

Businesses in the United States and United Kingdom initiated and faced slightly less litigation in 2011 than in 2010. But regulatory actions and internal investigations are climbing, according to the 2011 Fulbright Litigation Trends Survey . More than one-third of corporate counsel report there...

'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...

Is There A Social Media Privilege?

Courts faced with ruling on discovery requests involving social media sites are forging new law. Courts can and do issue discovery orders compelling a party of a lawsuit to grant an opposing party access to his or her Facebook page or to permit in camera review of social media sites set to private settings...

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...

LexisNexis Launches Social Media Visibility Service For Law Firms

Social Media Service Now Part of Enhanced Portfolio of Web Visibility Solutions Designed to Help Small Law Firms Engage More Prospective Clients January 31, 2012 - NEW YORK - LexisNexis , a leading provider of content and technology solutions, announced today at LegalTech ® New York , the launch...

LexisNexis Inks Deal With JD Supra To Power Distribution Of Law Firm Blog Content To Wider Network Of Social Media Sites

Collaboration with JD Supra Enhances LexisNexis Social Media Services for Small Law Firms NEW YORK - LexisNexis , a leading provider of content and technology solutions, announced March 6 an agreement with JD Supra ® which hosts a rapidly growing platform for law firms to market their expertise...

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...

LexisNexis In-House Advisory: Be Prepared To Act Quickly To Protect Your Company's Reputation In Case Of A Crisis

In today's fast-paced communication environment and the advent of 24-hour news cycles and social media, even a seemingly insignificant or isolated incident can quickly become a crisis with the potential to irreparably damage a company's valuable reputation. The value of a corporation's...

LexisNexis Makes it to the Next Round! Social Madness Corporate Challenge

LexisNexis has made it to the second round in the social media competition that is pitting Dayton-area companies against each other to establish social supremacy. The field has been narrowed to eight companies competing head-to-head, and in this round, we are up against Emerson Climate Technologies....

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...

X1 Discovery Shares List Of Public Cases Involving Social Media Evidence

The torrent of social media evidence continues to grow and X1 Discovery continues to monitor online legal databases of state and federal court decisions across the United States, where evidence from social networking sites played a significant role. Now, with 320 published cases in the first half...

Peter S. Vogel: Legal Ethics - Jury Research Is Okay, But Watch Out!

By Peter S. Vogel Needless to say that lawyers rely on Social Media to investigate potential or sitting jurors, but a new ethics opinion warns against direct communications. The New York City Bar Association issued Formal Opinion 2012-2 entitled "Jury Research and Social Media " which posed...

You May Occupy Your Twitter Account, But Do You Own It?

If recent developments in New York Criminal Court are any indication, your social media, email and SMS texts are just as vulnerable to exposure as everyone has been saying they are. Such a trend is bad news for bloggers, tweeters and texters, but may be good news if you are a litigant trying to gain...

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...

E-Discovery: We Still Haven’t Found What We’re Looking For

By Steven C. Bennett [1] | E-discovery, like the computer and telecommunications economy from which it derives, has come a long way. Today, more than ever, in large case and small, “e-discovery IS discovery.” Yet, despite more than 20 years of development of the commercial internet (and...