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Social Media Law

Jul 3, 2017

Facebook’s small print might be antitrust’s next big target

Facebook’s small print may be the next big thing in European antitrust as watchdogs home in on how the world’s biggest social network collects information from users that helps generate vast advertising revenues. Germany’s Federal Cartel Office is examining whether Facebook essentially takes advantage of its popularity to bully users into agreeing to terms and […]

Feb 3, 2017

Social Media Law: NY high court to rule on Facebook and warrants

Can Facebook and similar entities protect user data from sweeping government searches? On Tuesday, the New York Court of Appeals hears oral argument on this issue in the case of In re 381 Search Warrants Directed to Facebook, Inc. I detail the major issues below. You can watch the arguments live on the Court of […]

Feb 22, 2016

Social media mayhem

LONG ISLAND – Social media platforms are so much a part of the business day-to-day that we forget how vulnerable organizations can be. And it turns out that there are more clueless digital media dabblers than you might think, experts say. One poorly executed tweet – an executive, perhaps, tweeting seemingly good news after a […]

Aug 17, 2015

Social Media Law: Exploring social media’s role in notable litigation, Part Two

Editor’s note: Scott Malouf and Gary Craig explain social media’s role in notable litigation in part 2 of a 2-part series Social Media Law’s latest installment is the second part of my interview with noted reporter Gary Craig. Below, Mr. Craig shares examples of how he used social media in his reporting, while I offer […]

Jul 30, 2015

Social Media Law: Exploring social media’s role in notable litigation with Gary Craig

Editor’s note: this is part 1 of a 2-part series Like it or not, your next case may be Twitter-fodder. As I write, a Minnesota dentist who allegedly illegally hunted Cecil the Lion is possibly the most discussed man on the Internet, with over 1,800 recent news articles and 413,000 relevant tweets. Sorry, Tom Brady […]

Apr 29, 2015

Social Media Law: ABA Techshow 2015: Tech tools to be less busy

“Beware the barrenness of a busy life” – Socrates Most attorneys want to use the latest technology, but never do. The benefits of new technology may be unclear or new tools unintuitive. Most attorneys are also too busy working to carve-out time to learn about new technology. ABA Techshow is the antidote to these problems. […]

Mar 9, 2015

Social Media Law: LegalTech New York 2015 and Jon Favreau

The future of lawyering? LegalTech New York is a trade show presenting technology for attorneys, law firms and law departments.[i] The show also offers extensive legal education. This year, the legal risks of social media, cloud-based services and collaborative tools were key topics for both presenters and vendors. The first keynote featured speakers from Twitter, […]

Feb 2, 2015

Social Media Law: A Good Second Impression: Legal Ethics and Making Public Social Media Private

A number of recent ethics opinions discuss whether a litigant may change the privacy settings on a social media account to make previously-public social media information private.[i] The most recent is the Florida Bar Association’s Proposed Advisory Opinion 14-1 (2015). Although the opinions are cautious and caveats abound, they generally hold that a party, whether […]

Nov 19, 2014

Social Media Law: Coffins don’t have Wi-Fi: your digital assets in death

Online accounts are convenient. Want to look at your email at the summit of Whiteface Mountain? If you have a few bars, you’re in business. Yet, your digital convenience is your fiduciary’s digital demise. Executing your final wishes for online accounts, digital assets and electronic devices can be challenging and costly. Of course, this assumes […]

Oct 21, 2014

Social Media Law: Uniform Act provides fiduciaries access to digital records

It is trite to observe we live and work digitally. Everything from case-winning insights, financial records, agreements and contact information, to family photos and letters is, or becomes, digital, much of it stored online, with a surprising amount maintained by third parties. But when you truly step away from the keyboard, what happens to that […]

Feb 10, 2014

Social Media Law: LegalTech 2014: New tech and a prediction

LegalTech is a trade show for attorneys, law firms and law departments. Aptly named, the event showcases new or improved technology for use in legal practice. Herein, I’ll discuss some of the technologies presented and offer a humble prediction about how social media discovery will affect education at future conferences.  Technophiles and attorneys love “the […]

Jan 14, 2014

Social Media Law: Social media in litigation; its benefits for attorneys

Today’s Social Media Law is the final installment of my interview with Ryan Garcia, Dell’s in-house attorney for social media. This segment focuses on the role of social media in litigation and the benefits of social media for attorneys. It is well acknowledged that social media evidence is important in personal injury, criminal and family […]

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