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Defamation Law Series: Trumping Defamation Claims

President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

A Tale of Two Trump Tweets: Is It Harder to Prove Defamation in Social Media?

Last month, a New York trial court dismissed a complaint against Donald J. Trump and others brought by political consultant and commentator Cheryl Jacobus that alleged, in part, a defamation claim (libel) based on tweets by...more

Hail to . . . The Contracting Officer in Chief? - Donald Trump, Lockheed Martin and the Art of the Government Deal

The art of the deal in government contracts is much more complex than in the private sector because public policies and principles attach to the use of public funds. President Donald Trump has made his federal...more

Social Links: Trump’s tweets & the Presidential Records Act; Google’s fake-news raid; tools to burst your social bubble

Some industry observers are asking whether the post-inauguration tweets that President Trump is sending from his personal Twitter account may be subject to the same Presidential Records Act standards as official presidential...more

Think Twice Before Tweeting up a Storm

One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

You Posted What??? Deep Thoughts With Employees On Social Media

Social media sites, such a Facebook, Instagram, Twitter, and Snapchat, are wonderful places to see what someone ate for dinner, find the latest meme or gif you don’t understand, or reconnect with people you were never friends...more

Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such...more

#servicebysocialmedia — Federal Courts Allow Use of Social Media to Serve Foreign Defendants

In the recent decision of St. Francis Assisi v. Kuwait Finance House, et al., Case No. 3:16-cv-3240-LB (N.D. Ca. September 30, 2016), the U.S. District Court for the Northern District of California allowed a plaintiff to...more

Trump libel win based on Trump libel loss

President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic, more than 30 years ago. And yes, the precedent of...more

REAL CLE Credit and Also a Bit About FAKE Lawyers: eDiscovery Trends

These are two totally unrelated topics, by the way.... ...In the latest post in his excellent LawSites blog (What’s With These Fake Lawyer Blogs and Twitter Accounts?), Bob Ambrogi mentions that he has “five very loyal...more

2017 Practical Advice Series, Part II: The Tongue is an Evil Serpent and Email and Tweets are Even Worse

I’ve commenced this series because employers and employees seem to make many of the same mistakes over and over again, and technology has created new ways for one to screw up. On some level, most of us are aware that we...more

Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated. Social media...more

Donald Trump is on to Something

Some credit Donald Trump’s win to his savvy social media presence, including tweeting. He reached millions of voters and caught the nation’s attention with his tweets. The courts are now recognizing this phenomenon....more

Who’s Responsible for Policing Fake News?

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more

NLRB Continues to "Like" Enforcement over Social Media Policies and Related Issues

In recent years, the National Labor Relations Board (NLRB) has focused attention on company policies that attempt to limit employee engagement in social media. Specifically, the NLRB has consistently taken the position that...more

Your Daily Dose of Financial News

The Times went all in on Twinkies this weekend, with a look at how they came to be and how their comeback recently helped private equity execs laugh their way to the bank....more

Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions

Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for...more

Cybersecurity Experts to Congress: It’s Time for Guidance

On October 21, 2016, millions of internet users across the United States were prevented from accessing a number of popular websites, including Amazon, Netflix, Spotify and Twitter. The reason? A hacker had previously...more

Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts

“Yellow journalism” websites are using social media to capitalize on popular ideology. And they’re making a bundle. New York City recently passed the country’s first law protecting the wages of “gig economy” workers. The...more

Why do I share posts to Twitter three times?

Someone asked me recently, “why do you post the same thing to Twitter three times?” The answer is simple and backed by data. Articles shared three times to Twitter over three days get almost three times the clicks....more

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Social Links: IMDb sues over right to post actors’ ages; Facebook tests jobs feature; Pinterest adopts “tried it” button

The Internet Movie Database (IMDb) has filed suit to overturn a law that requires the popular entertainment website to remove the ages or birth dates of people in the entertainment industry upon request. Vine might not...more

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