Criminal Law Communications & Media Civil Procedure

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Implied Threat on Facebook Insufficient to Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or...more

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

The USA FREEDOM Act Heightens the Need for Carriers to Examine their Data Retention Practices

On Tuesday, June 2, 2015, Barack Obama signed the USA FREEDOM Act into law. Among other reforms, the USA FREEDOM Act adopts a series of modifications to federal foreign intelligence gathering statutes and procedures to...more

At the Intersection of Technology and Law: Recent High Court Rulings Related to Social Media.

Once Again at the Intersection of Technology and Law: Maryland’s Court of Appeals Elaborates on Authentication of Documents Related to Social Media. “The rapid rise of social networking websites, themselves a branch...more

SCOTUS rules Facebook posts not threatening without intent

The Supreme Court of the United States of America (SCOTUS) ruled on June 1, 2015, that violent Facebook posts of a husband about killing his wife with a mortar launcher and blowing up FBI agents cannot be considered...more

Powers of Regulators Brought Into the Spotlight by High Court Decision - Australian Communications and Media Authority v Today FM...

Recently the High Court of Australia handed down its unanimous decision in Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7 (HCA Decision) which relates to the powers of the Australian...more

Supreme Court to Decide Whether Online Threats Are Illegal

As the internet continues to swiftly transform the way we do business, shop and socialize, it also offers a new platform for those with more criminal or malicious intentions. While some of these activities are clearly...more

Kight vs. CashCall – raising the bar for certification in call recording class actions

The California Invasion of Privacy Act, Penal Code sections 630 et seq. (CIPA) is only a credible threat if plaintiffs can achieve class certification. Otherwise, the case is nearly valueless, and will fall to the curb in no...more

They Know Computers But Not How to Help Your Case

Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

Another Blow to Call Recording Class Actions

Back in February, the California Court of Appeal in Hataishi v. First American Home Buyers Protection Corp., 223 Cal. App. 4th 1454 (Feb. 21, 2014), dealt a significant blow to call recording class actions across California. ...more

Business Round Up: The News and the Views

Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) Two particular points for brand owners to take away from the decision: 1. If faced with an invalidity challenge on the grounds of s3(1)(b) or (c)...more

Status Updates - August 2014 #2

..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more

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

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