LexisNexis® Legal Newsroom
Free Speech Group Fights Lawsuits Against News Sharers

LAS VEGAS - (AP) A San Francisco group that defends online free speech is taking on a Las Vegas company it says is shaking down news-sharing Internet users through more than 140 copyright infringement lawsuits filed this year. The Electronic Frontier Foundation's counterclaim represents the first...

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...

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...

Social Networking v. The Jury Trial: Time To Call A Mistrial?

By Craig A. Henderson In this Analysis, social networking expert Craig A. Henderson addresses the significant rise of improper social networking and internet use by jurors during jury service to research the case, discuss deliberations, and "friend" the parties and other jurors. The Analysis...

'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...

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6/12/12), Michael Hoenig cautions that "the danger...

William A. Ruskin: Does Wireless Internet In Courthouse Exacerbate Lawyer Abuse?

By William A. Ruskin Yesterday, we published an article titled 'Lawyers' Use Of Internet To Influence Jurors' raising the concern that the fairness of jury trials may be jeopardized if jurors can surf the Internet and read misleading or self-serving messages by trial counsel that have...

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...