Evidence

Facebook, Twitter, and LinkedIn are among the top social media websites that have transformed electronic communications and social interactions culturally. Inevitably, these communication techniques have also affected litigation practice and are brimming with ethical traps.  In 2009, the ABA warned of the following ethical pitfalls to avoid – and its advice still rings true today: […]

California jurors who tweet during trial or deliberations can be sentenced to up to six months of jail time, under a new law to be imposed in 2012. The new legislation states that trial judges must inform jurors that the prohibition of communication or research about a case includes all forms of electronic or wireless communication […]

Orlando Magic basketball star Gilbert Arenas has failed to obtain a preliminary injunction to block the airing of Basketball Wives Los Angeles, the ABA reports. Arenas had sought an injunction based on his claims of trademark infringement and misappropriation of likeness for footage involving the relationship with his former girlfriend, Laura Govan.U.S. District Judge Dolly Gee […]

Some workers who beef about the workplace on Facebook and Twitter may be protected from firing or discipline because they are engaging in “protected concerted activity,” the ABA reports. Citing a report by the National Labor Relations Board’s (NLRB) acting general counsel, the NLRB discusses the outcome of investigations into 14 cases involving social media by […]

The trademark battle between Facebook and the parody site Lamebook.com is over, reports the Daily Business Review. The companies have reached an agreement that lets Lamebook continue to operate under its current name. But Lamebook, which mocks the funny and “lame” things people post on Facebook, will add a disclaimer to its website and will not […]

Calling a Missouri law that bans students and teachers from communicating online “staggering” in its overbreadth, a state court judge on Friday issued a preliminary injunction preventing it from taking effect until a hearing on a permanent injunction is held early next year, the ABA reports. Missouri’s “Facebook law” discussed previously on this blog, too […]

A Texas juror  booted from trial for trying to “friend” the defendant on Facebook has been cited for contempt, the Star-Telegram reports. While serving as a juror in a civil trial arising out of a car accident, Jonathan Hudson tried to “friend” the defendant and discussed the case on his Facebook page, according to court records. The woman […]

Think only associates and staff members have discussions about social media? Think again. Thirty-one federal courts judges and prestigious attorneys from across the State of Florida talked shop about tweets, blogs, and Facebook followers at the Federal Judicial Roundtable at The Florida Bar Annual Convention. Sponsored by The Florida Bar’s Federal Court Practice Committee, judges […]

Almost every major consumer product now invites customers to follow its product on Facebook or Twitter – but the explosion of social media can be a double-edged sword for businesses, warns Karen L. Stevenson of Buchalter Nemer on behalf of the ABA’s Business Law Section. When consumer complaints go viral, companies may find it hard […]

When Mark Zuckerburg sought funding from Boston venture capitalists to expand Facebook in 2004, the New England firms declined.  According to the Daily Business Review, they’ve been regretting their decision ever since. Following their decision to ignore Facebook’s request to provide capital for the world’s most-popular social networking service, Boston venture capitalists sat idly by […]