In this personal injury case, the court ordered Plaintiff to produce a “Download Your Info” report from Facebook, spanning from the date of the at-issue incident (June 2, 2014) through the present.
With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater risk of creating workplace incidents that could be avoided.
The use of social media by jurors continues to disrupt trials, forcing courts, lawmakers and jurists to attempt to find new and more effective ways to curb this type of conduct.
The Law Student Blogger/Social Media Invitational pre-conference seminar brings together global blogging and social participants from the eDiscovery and Legal Technology community with law students forward thinking enough to create and share their knowledge via online media while still in school. While our hosts Ari Kaplan, Doug Austin, Rob Robinson and Robin Thompson are prolific and accomplished online professionals, we expect to learn just as much from our law student attendees as our hosts. Expect a lively discussion, with tips on tools, methodologies and sources to contribute to justice, build a brand, maximize networks and to attract followers and potential employers.
While not a new concept, counter-marketing with social media does provide companies a unique way to increase mindshare and money share while at the same time attempting to neutralize the impact of competitor social media marketing.
“Trial judges have such respect for juries – reverential respect would not be too strong to say – that it must pain them to contemplate that, in addition to the sacrifice jurors make for our country, they must suffer trial lawyers and jury consultants scouring over their Facebook and other profiles to dissect their politics, religion, relationships, preferences, friends, photographs, and other personal information.”
A year ago, we thought social media couldn’t get any hotter as the marketing mode of choice for lawyers. Comparing results from the recent “Attorney at Work 2016 Social Media Marketing Survey” to last year’s shows we may have been right.
As professional speakers and writers, attorneys’ desire for precision and clarity urges us to find the single most accurate way to express a thought. And while clients may not have this compulsion, no expense has been spared when it comes to proving what the client meant when he or she said something. The need to ascribe definitive meaning has now reached the realm of emojis.
Email isn’t dead yet, but that appears to be its ultimate destiny because young people have abandoned it, initially in favour of social media, and now messaging apps. Your business, organisation or agency needs to plan ahead for this change, particularly as older generations are likely to also progressively embrace messaging apps, just like they have become enthusiastic users of social media.
As emoticons, and especially emojis, explode in popularity and appear in more of our written communications, they inevitably raise legal questions. For instance, can an emoticon or emoji change the meaning of an email, text message, online chat, or blog post in which it appears?
A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned aerial vehicle (UAV), or drone.
Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.
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While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed against—emerging trends in such cases that impose additional hurdles for litigants seeking discovery of social media information.
How do you download your Twitter archive? That question has come up a lot recently. It is really fast and simple.
The severe sanctions imposed in these cases demonstrate the importance of understanding the implications of social media posts (and their removal) when a business faces, or reasonably anticipates, litigation.
The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation.
If not properly researched, preserved, and authenticated, the best social media evidence is worthless.
LinkedIn is by far the most popular social network with lawyers. According to the ABA Report, 99% of individual lawyers from firms of 100 or more have a LinkedIn profile, followed by 97% of respondents from firms of 10-49 attorneys, 94% of respondents from firms of 2-9 attorneys, and 93% of solo respondents.
Despite the way many people freely share their personal information on Twitter, Facebook, and Instagram these days, many lawyers don’t think to turn to it for valuable material to use against someone in a case.
This report is a cautionary tale for how social networking can be a gateway for identifying and targeting key employees for future data hacks. Companies should consider policing abuse of their brand on social media.
Even when parties block each other, social media is often intercepted by a third party or friend who then forwards it on, which can often remove the privilege protections that may otherwise exist.
The amount of social data being generated is staggering, and many companies are trying to utilize this big data to increase their bottom line. For a technology that is so widely used, however, companies surprisingly have little guidance on the legal implications of collecting and using consumer data generated by social media.
Courts generally have held that there can be no reasonable expectation of privacy in your profile when Facebook’s homepage informs you that “Facebook helps you connect and share with the people in your life.”