Standard for Discovery of Anonymous Internet Users’ Identities Remains in Flux
Plenty of press attention has been given to social media sites’ views on whether their users can use “handles” or pseudonyms instead of their real names. But much of the Internet’s social conversation...
View ArticleWhat, What (In the Court): South Park Studios Shielded by Fair Use for Viral...
The Seventh Circuit held recently in Brownmark Films, LLC v. Comedy Partners that, under certain circumstances, a trial court may dismiss a copyright infringement case based on a fair use defense prior...
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U.S. Courts’ Evolving Approaches to Social Media E-Discovery
Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in...
View ArticleHot Off the Press: The April Issue of Our Socially Aware Newsletter Is Now...
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we summarize the...
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Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for...
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the...
View ArticleStatus Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant...
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s...
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Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil...
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the...
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Now Available: The October Issue of Our Socially Aware Newsletter
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we highlight five key...
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Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery...
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Now Available: The March Issue of Our Socially Aware Newsletter
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media. In this edition, we...
View ArticleSocial Links: A seminal opinion on web scraping; Obama breaks Twitter record;...
In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the...
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Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the...
Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be...
View ArticleSocial Links: Settlement declares fake “likes” illegal; Pinterest’s impending...
In what is being described as “the first settlement to deem such sales illegally deceptive,” New York Attorney General Letitia James has entered into a settlement with a company that had been selling...
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Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
A random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will display the tweets with the...
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Are Facebook Posts Discoverable? Application of the Forman Test in N.Y.
New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts...
View ArticleTurkey’s new social media law; social media ad spend; Harvard Law School’s...
In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a...
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Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil...
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the...
View ArticleClik here to view.
Now Available: The October Issue of Our Socially Aware Newsletter
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we highlight five key...
View ArticleClik here to view.
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery...
View ArticleClik here to view.
Now Available: The March Issue of Our Socially Aware Newsletter
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media. In this edition, we...
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