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May 2014: Trial Practice Update: Courts, Lawmakers, and Other Groups Grapple with Juror Misuse of Social Media and the Internet

Jurors are expected to decide cases based on evidence they see and hear in the courtroom, after deliberating while sequestered from outside influences. For decades, courts have enforced rules and practices designed to make...more

Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at...more

Food and Beverage News and Trends

GMA, others say 2009 FDA guidance on use of the term “evaporated cane juice” has caused chaos in food industry. In 2009, the FDA told manufacturers not to use the term “evaporated cane juice” on the grounds that the...more

New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

Ethical Issues That Arise From Social Media Use In Courtrooms

With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more

Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook

Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

BB&K Police Bulletin: Public Records - Pitchess Motion Not Required to Disclose Officers Named in Independent Report

Overview: A California appellate court recently upheld the release of two reports disclosing the names of UC Davis police officers who were videotaped pepper spraying nonviolent, seated protestors at close range. ...more

Movement Toward a National Press Shield Law

Two proposed bills would provide additional protection not only to reporters, but also to their sources. Any company spokesperson or defense lawyer who speaks to a reporter has a modest vested interest in the passage of the...more

Think Your Tweets are Private? Think Again

Many mistakenly believe that their tweets and other social media posts are private and are protected at least to some degree from court-ordered production. However, that is not reality, at least for public tweets. Recently,...more

New UK Press Self-Regulation – With a Small Blog Exemption

Following concerns raised by bloggers, the UK government has clarified that small blogs will be exempt from the scope of the new UK press watchdog which is to be introduced as a result of the findings of the Leveson Inquiry....more

State of Alabama v. Carlos Edward Kennedy

ORDER REGARDING ELECTRONIC DEVICES AND CONTACT WITH JURORS, POTENTIAL JURORS AND WITNESSES

The trend around the nation is for judges to ban the use of laptops, I-Phones, Blackberries and other electronic devices whether used by reporters or the public to report on the trial. This Order allows their use in the 13th...more

Recent Developments In Information Technology Law - First Quarter 2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Defrauding Facebook: How One Man Almost Stole The World’s Largest Social Network

In October 2012 Paul Ceglia of New York was arrested on charges he forged documents in a multibillion-dollar scheme to defraud Facebook and its chief executive Mark Zuckerberg. Mr. Ceglia had brought a much publicized lawsuit...more

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

Paris International Litigation Bulletin no. 4

This quarterly bulletin provides an overview of newly applicable legal provisions, recent case law and more generally the recent news in international litigation viewed from France....more

Florida Court: Lawyers And Judges Should Not Be Facebook Friends

Can’t lawyers and judges just be “friends?” Apparently not, so ruled Florida’s Fourth District Court of Appeal last week in Domville v. State, No. 4D12-556 (Fla. 4th DCA 2012). The Fourth District’s decision is seemingly the...more

The Latest and Most Ungrammatical Courtroom Trend: Twitter

People are constantly getting fired or sued for stupid things they say on Twitter. Last year, Aflac (which does 75% of its business in Japan) fired Gilbert Godfrey after he tweeted some insensitive jokes about the tsunami...more

Enhancing Juror Engagement / Banning Social Media In The Courtroom

Starting July 1st 2012 Illinois jurors will be allowed to submit written questions for witnesses on the stand in civil trials. More than half the states, and all federal circuit courts, allow this practice; this rule,...more

Can Twitter Protect a User’s Information?

Data obtained from social networking websites continues to become more essential to developing a parties’ case. Production of that data, however, has become more burdensome for the companies developing the technology. For...more

The Social Network: American Jurors Reaching out of the Courtroom and Into Trouble

Originally published in the Mississippi Bar Litigation Section Newsletter - May 2012. A United States congressman, confronted with his own sexual exhibitionism, surrenders his office. A popular entertainer, frustrated...more

RICO Claims in Bonus Annuity Case Headed for Trial?

On October 13, 2011, the United States District Court for the Central District of California denied defendant’s renewed motion for summary judgment in Negrete v. Allianz Life Ins. Co. of North America (No. CV 05-6838) and...more

Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements...

Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges...more

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