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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Foley & Lardner LLP

Reminder — New York Social Media Privacy Protections Go into Effect March 12, 2024

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As we reported at the end of 2023, New York will soon join California, Colorado, Illinois, and a number of other states that protect employees’ and job applicants’ social media privacy. These protections are part of a bill...more

Wiley Rein LLP

The CLOUD Act Data Access Agreement – 10 Things That U.S. Telecommunications Companies Need to Know Now

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Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more

King & Spalding

Ninth Circuit Revives Claims Alleging that Facebook Violated Users’ Privacy

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On April 9, the Ninth Circuit reversed a district court’s dismissal of several privacy claims advanced in a putative class action alleging that Facebook improperly tracked its users’ browsing histories—and sold them to...more

Epiq

The Tech Factor: Special eDiscovery Considerations for the Tech Sector

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Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more

Skadden, Arps, Slate, Meagher & Flom LLP

How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

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Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

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Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 16

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Jaburg Wilk

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

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Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Morrison & Foerster LLP - Social Media

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

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Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 8, Issue 1

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The Decline and Fall of the Section 230 Safe Harbor? - 2016 was a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or...more

Gray Reed

Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability

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If you watched the first round of the NFL Draft, the big story was the sliding of Ole Miss offensive tackle Laremy Tunsil out of the top five to number 13. As the draft was unfolding, someone released a video of him smoking...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

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Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Pillsbury - Internet & Social Media Law Blog

Discovery Rules Continue to Evolve for Cases Involving Social Media

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Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

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On Jan. 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

JD Supra Perspectives

Zelda Williams and Social Media Decency

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Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and...more

Morrison & Foerster LLP - Social Media

Ownership of Business-Related Social Media Accounts

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Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Ballard Spahr LLP

New Jersey’s New Social Media Privacy Law Takes Effect

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New Jersey is now among a growing number of states with social media privacy laws to protect personal social media accounts of current employees and applicants. On August 29, 2013, Governor Chris Christie signed a bill that...more

Fisher Phillips

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

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As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more

Nossaman LLP

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

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The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey District Court Holds That Stored Communications Act Protects Employee’s Private Facebook Posts, But Employer Still Free...

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In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more

Cozen O'Connor

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

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Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

Zelle LLP

The Nuts And Bolts Of Social Media Discovery

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I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

Foley & Lardner LLP

More Facebook Issues: This Time, It’s the Stored Communications Act

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Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for...more

Ballard Spahr LLP

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

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In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

Zelle LLP

A Hurdle To Obtaining Electronic Evidence

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While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

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