You Can't Be Fired For a Facebook Post Calling Your Boss a "LOSER"--NLRB v. Pier Sixty

You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty

This is a Facebook firing case. The employee worked at Pier Sixty, which operated a catering company in New York. In early 2011, its employees became involved in a union organizing campaign, ultimately voting to unionize. Hernan Perez worked as…

New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases”

I’ve posted to SSRN a new article titled Judicial Resolution of Nonconsensual Pornography Dissemination Cases. I co-authored it with Angie Jin, a recent Cornell Law alum. The paper is in draft form, and we would gratefully welcome your comments. The…

How Should a Lawyer Respond to a Yelp Review Calling Him "Worst. Ever."?--Spencer v. Glover

How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover

(Spoiler alert: suing the client is not the correct answer). The Opinion Glover hired and then fired Spencer as his divorce lawyer. Glover then posted this Yelp review: Worst ever. Had to fire him after I gave him a chance…

Can Your Employer Fire You For Posting Vacation Photos to Facebook?–Jones v. Accentia

I posted about this case a year ago at Forbes, and it remains one of my most-read blog posts of all time. The legal question is simple: can an employer fire an employee because of the employee’s vacation photos posted…

Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird

You surely recall the Hassell v. Bird ruling from last year. A lawyer was unhappy with a Yelp review about her. The lawyer sued the putative author (with dubious service of process), got a default ruling that the review was…

Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner

The Commissioner of Social Security ruled that Nelson’s disability ended in 2010 and terminated benefits. In 2014, Nelson filed a federal lawsuit contesting that determination. In 2014, the judge ruled in her favor. In 2016, Nelson went back to court….

The “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” Bill Would Be Bad News for Section 230

As expected, last week Rep. Ann Wagner introduced the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” bill, H.R. 1865. This is a renamed version of the draft bill, the “No Immunity for Sex Traffickers Online…

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary--D Magazine v. Rosenthal

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal

This is an interesting opinion from the Texas Supreme Court on citing Wikipedia as a dictionary. The underlying case involves an article in D Magazine titled “The Park Cities Welfare Queen.” The article purports to show that the plaintiff, Rosenthal,…

Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.

Mike, a minor, pled guilty to committing sodomy on a minor against his girlfriend. The crime had no relationship to the Internet, although Mike and his girlfriend had texted each other and Mike admitted to masturbating to online pornography once…

Can Blogging Violate the Fair Housing Act?–Revock v. Cowpet Bay West Condo Ass’n

[Note: as I declared almost a decade ago, I don’t do April Fool’s jokes.] This case is a collision between dogs as emotional support animals and a “no dogs” condominium association rule. The civil rights implications of a “no pets”…