Tag archives: Litigation

Use of Twitter to Broadcast Courtroom Proceedings

In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public … Continue reading

Facebook’s California Choice-of-Law Provision Rules the Day

On January 9, 2017, the Northern District of California granted Facebook’s motion to dismiss for claims brought under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“the TCCWNA”). In Palomino v. Facebook, Inc., a putative class of New Jersey residents challenged Facebook’s Terms of Service, which, among other provisions, require users to waive potential claims … Continue reading

Risks of unlawful social media content: changes in UK defamation landscape and what you need to know

A carefully curated social media presence is a critical business requirement, but there are risks. One of these risks is unlawful content – be that unlawful content posted to your businesses’ own social media account (exposing the company to potential liability) or harmful content about your business (or its C-Suite or key personnel) posted on … Continue reading

Serving up lawsuits via Facebook: social media provides creative solution under Federal Rules

Service of process on a foreign defendant can be a major headache for U.S. plaintiffs, but social media is proving to be a creative solution when traditional methods have been demonstrated to fail. We previously covered a New York federal court’s ruling that permitted the Federal Trade Commission to serve the Indian defendants, operating under … Continue reading

Did Twitter violate Anti-Terrorism Act by providing ISIS accounts?

On August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at … Continue reading

What’s In Your Terms of Service?

Social media platforms often require users to agree to Terms of Service or Terms of Use (“TOS”) to use the platform. These contracts can be lengthy and many social media users may not read them in their entirety before agreeing and proceeding to use the platform. This can raise particular issues in contract law, especially … Continue reading

Discovery Challenges of Social Media

Social media has created several complications with regard to the U.S. discovery process in litigation. Among these complications are issues relating to (i) seeking out and turning over vast amounts of social media information, and (ii) preserving inherently fleeting social media information.… Continue reading

Social Media and Potential Jurors

Social media profiles and postings by potential jurors can provide litigation counsel with substantial information about these individuals, including their likes, dislikes, and views on various issues and potential biases. A March 25, 2016 federal trial court ruling, however, led both parties to agree to forego these searches.… Continue reading

Hacked private messages used in court

A South African high court recently ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him. In Harvey v Niland, the litigants were members of the same corporation.  Niland was also an employee of the corporation.  After leaving his … Continue reading

No Secret in Brazil

The popular social networking app “Secret” has reportedly been temporarily enjoined in Brazil. A civil court in Brazil ordered both Google and Apple to remove Secret from their respective app stores, and to pull the apps from the phones of their users. In its opinion, the Brazilian court raised concerns that Secret’s anonymity feature can … Continue reading
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