My mother-in-law lives on a farm in rural Oklahoma. Living out in the country was a dream of my in-laws for a long time, and after retiring, they made it a reality over 19 years ago. They bought 43 acres of land, and the goal...more
More and more often industry reports reveal that many individuals perceive less and less control over their own personal information. So it’s not a coincidence that the National Cybersecurity Alliance (NCSA) designated this...more
Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more
This was a particularly difficult travel week. In the past 36 hours, I have traveled on five planes in multiple cities (not always on the set itinerary due to diversions and mechanical issues) and the final leg of my travel...more
Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more
In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more
When seasoned investigators are exposed to online scams, the protective warnings they give to others on social media safety and internet fraud suddenly become real. Read on to see how one of our own dodged an online rental...more
New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more
I was so honored to be a presenter at the Bryant Women’s Summit last week. It is always an incredible event and I enjoy attending every year. ...more
A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more
We spend so much time on our mobile phones and on social media, yet often we don’t think of how these tools are broadcasting our lives as we work and play. With just a few steps, you can limit what you are digitally telling...more
Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more
A party’s right to privacy has always been an important and sometimes limiting factor in the resolution of discovery disputes. Social media platforms, which allow users to select the extent with whom they share their network,...more
Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more
Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the...more
Since July 15, Windows 7 and Windows 8 users have been offered a free upgrade to Windows 10. Windows 10 includes Wi-Fi Sense, which features a default prompt that asks users to share access to WiFi networks that they have...more
La mayoría de los abogados podrían recordar fácilmente una situación de litigio en la que publicaciones, fotos o videos de un cliente en medios sociales generaron más que cierta consternación tanto para su cliente como para...more
Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more
When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...more
Today it’s reported that 58% of American adults use Facebook, 17.5% use Instagram, and 50% use tumblr. Social media websites sometimes offer users the option of disclosing postings, including photographs, to different sets of...more
On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more