Tag archives: Litigation

Use of Twitter to Broadcast Courtroom Proceedings

By Caleb Segrest (US) on June 1, 2017 Posted in Litigation, Social media policies

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 page costs woman future loss claim (UK)

By Sandra Sithole (ZA) on May 29, 2017 Posted in Litigation

A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive result of a sexually transmitted infection with the result that the infection was left untreated for a year.… Continue reading

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

By Sean Topping (US) on March 2, 2017 Posted in Litigation

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

By Joanna Conway (UK) on February 16, 2017 Posted in Defamation, Litigation, Privacy

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

By Chandler Stephens (US) on December 7, 2016 Posted in Litigation

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

Willful act and business activity exclusions in defamation claim

By Susan Ross (US) and Nerushka Bowan on September 7, 2016 Posted in Defamation

Although we have covered many social media cases involving defamation claims (just click on the “Defamation” category to see them), here is a link to a post from one of our sister blogs (Financial Institutions Legal Snapshot) that relates to an issue we thought would be of interest to our readers: insurance coverage for fake … Continue reading

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

By Caleb Segrest (US) on August 23, 2016 Posted in General, Litigation

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?

By Daniel Daniele (CA) on August 22, 2016 Posted in Litigation

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

Production of Social Media Documents Denied

By Brian Chau (CA) on July 22, 2016 Posted in Litigation, Privacy

How safe is information is hidden behind an individual’s privacy settings? Can I assume that my interest in privacy ensures that anything marked “private,” or “shared only with my friends” remains so, even in the face of a production order in Canada?… Continue reading

Discovery Challenges of Social Media

By Caleb Segrest (US) on June 6, 2016 Posted in Litigation

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

Internet’s ‘Hide and Seek’ Battle Continues in Canada

By Daniel Daniele (CA) on May 18, 2016 Posted in Copyright, Litigation, Privacy

The anonymity of the Internet has posed many challenges to the protection of intellectual property rights. The sheer size of the population of online users and the millions of file-sharing programs and other social media outlets that exist have left IP rights holders struggling to protect their property and goodwill in the digital era. For … Continue reading

Hacked private messages used in court

By Kerri Gevers (SG) on February 18, 2016 Posted in Litigation, Privacy

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