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Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

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 social media posts. As...more

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

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 plaintiff...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Facebook is Not a Picket Line

The National Labor Relations Act protects the rights of employees to connect and address conditions at work, and recent decisions have held that this protection extends to certain work-related conversations on social media....more

Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors

Social media accounts can be “property of the estate” in a bankruptcy case of a business, and thus belong to the business, even when the contents of the accounts are intermingled with personal content of managers and owners....more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

The Ever-Expanding Scope of Social Media Discovery [Video]

Social media discovery is now commonplace within civil litigation, with Facebook continuing to be a primary source of potentially-discoverable information. As technology continues to advance, though, the judicial system is...more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Judges, Guns, And Facebook: Social Media Lessons For Businesses From The Tactical Firearms Case

Over the past few weeks, the internet has been abuzz over the battle raging between Jeremy Alcede, the former majority owner of CTIL, LLC, dba Tactical Firearms (the debtor), and the Bankruptcy Court for the Southern District...more

New York Federal Court “Likes” the Use of Social Media to Notify Class Members in Wage and Hour Action

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more...more

Texas Bankruptcy Court ‘Likes’ Facebook and Twitter Accounts as Property of the Reorganized Debtor

In a recent opinion in In re: CTLI, LLC (Tactical Firearms), Judge Jeff Bohm in the United States Bankruptcy Court for the Southern District of Texas ordered a debtor to handover its Facebook and Twitter accounts to the...more

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook....more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

Texas Bankruptcy Court 'Likes' Facebook and Twitter Accounts as Property of the Reorganized Debtor

Bankruptcy courts will continue to confront issues involving social media assets for one primary reason: social media is now an indispensable part of the modern business model....more

Social Media Accounts in Bankruptcy: Business or Personal?

A bankruptcy judge for the Southern District of Texas recently wrote a 30-page opinion – and sent a man to jail for failure to comply with it – over a modern and unlikely issue: his Facebook page. ...more

Divorce Papers Served by Facebook: Cold or Practical?

Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion...more

Gawker Interns and the Use of Social Media to Notify Potential Class Members

Social media has dramatically impacted many areas of law, and class and collective action litigation is no exception. Recently, a number of former interns who sued Gawker Media LLC and its owner Nick Denton (Gawker) for wage...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

New York court permits plaintiff to serve divorce summons through Facebook message

The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

Calling Your Boss a “Nasty Mother F@#$%r” and Other Protected Activities

If an employee lashes out against a supervisor on social media with a string of obscenities, you can fire that employee, right? You would think so, but not always. Context matters....more

Divorce Papers Served Via Facebook

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those...more

Divorce By Social Media

This morning, I appeared on Fox29 in Philadelphia where I discussed and commented on a recent case out of Brooklyn, New York. In this matter, a divorcing party was granted permission to serve initial process by way of...more

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

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