Court Orders Plaintiff to Turn Over Facebook and MySpace Passwords in Discovery Dispute — Zimmerman v. Weis Markets, Inc.

[Post by Venkat Balasubramani] Zimmerman v. Weis Markets, Inc., CV-09-1535 (Pa. Ct. Common Pleas; May 19, 2011) Courts continue to struggle with the discoverability of social network evidence in civil cases and the logisictal problems posed by these discovery disputes….

Virginia Appeals Court Affirms Conviction for Posting Threatening Rap Lyrics on MySpace — Holcomb v. Virginia

[Post by Venkat Balasubramani] Holcomb v. Virginia, 0546-10-1 (Va. Ct. App. June 7, 2011) Defendant was involved in a romantic relationship with the victim and fathered their child. The Defendant and the victim had a contentious custody dispute. Defendant posted…

NJ Appeals Court: No Privacy Violation When Spouse Uses GPS to Track Vehicle — Villanova v. Innovative Investigations, Inc.

[Post by Venkat Balasubramani] Villanova v. Innovative Investigations, Inc., et al., A-0654-10T2 (N.J. Ct. App. July 7, 2011) A New Jersey appeals court decided that a wife’s use of a GPS device to track her husband’s movements did not violate…

Supreme Court Strikes Down Statute Restricting Sale and Use of “Prescriber” Data on First Amendment Grounds — Sorrell v. IMS

[Post by Venkat Balasubramani with comments by Eric] Sorrell v. IMS Health Inc., 10-779 (June 23, 2011) [pdf] The Supreme Court struck down a Vermont statute restricting the dissemination of “prescriber-identifiable” information for marketing purposes. While this case was viewed…

New Jersey Appeals Court Neuters Cell Phone Driving Statute — State v. Malone

[Post by Venkat Balasubramani] State v. Malone, 2011 N.J. Super. Unpub. LEXIS 1738 (N.J. Ct. App. July 1, 2011) New Jersey’s cell phone driving statute suffered a serious blow at the hands of the New Jersey appeals court, which held…

Job Posting to LinkedIn Group Doesn’t Violate Non-Solicitation Clause — Enhanced Network Solutions v. Hypersonic Technologies

[Post by Venkat Balasubramani] Enhanced Network Solutions Group v. Hypersonic Technologies Corp., 2011 WL 2582870 (Ind. Ct. App. June 30, 2011) Enhanced developed software, and had a relationship with Hypersonic, which modified existing software. The two companies often jointly bid…

Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions

[Post by Venkat Balasubramani] Animators at Law, Inc. v. Capital Legal Solutions, 10cv1342 (E.D. Va.; May 10, 2011) This lawsuit presented an increasingly familiar fact pattern. Employees leave a company and the employer sues the ex-employees under the Computer Fraud…

Judge Ware: Google Not Entitled to “Readily Accessible to the General Public” Defense in Street View Class Action

[Post by Venkat Balasubrmani, with comments from Eric] In re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. June 29, 2011) (Order) (Google’s Motion to Dismiss) (Google’s Reply) (Google’s Supplemental Brief) (EPIC’s Amicus Brief) The multitudinous…

Court Dismisses Misappropriation Claims Against Facebook Over Its Friend Finder Service — Cohen v. Facebook

[Post by Venkat Balasubramani] Cohen v. Facebook, C 10-5282 RS (N.D. Cal. June 28, 2011) There are a slew of publicity rights lawsuits pending against Facebook. This one alleged that Facebook misappropriated the names and likenesses of Facebook users by…

San Diego County Bar Tackles Lawyer Friend Requests and the Ex Parte Rule

[Post by Venkat Balasubramani] The San Diego County Bar Association recently tackled the issue of whether a lawyer’s friend request to an employee of a party violates the rule barring ex-parte communications by a lawyer with a party whom the…