Trial Court Doesn't Unmask Parodist Twitterers

Trial Court Doesn’t Unmask Parodist Twitterers

Plantiffs are trying to unmask Twitter users who make derogatory posts about the plaintiff corporate entities and their CEO. (Initial blog post about the case filing here.) They filed suit in the Western District of Washington, and sought and were…

'Deactivated' Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Social media posts often play an important part in litigation. Posts can provide more insight into the truth than a litigant’s “official” story in court. A 2009 case stands out: a woman was accused of illegally racing on a freeway…

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email--LaRocca v. LaRocca

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca

Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…

Jointly Editable Online Document Doesn't Provide Evidence of Contract Formation--Turner v. Temptu

Jointly Editable Online Document Doesn’t Provide Evidence of Contract Formation–Turner v. Temptu

The litigants discussed working together to launch a new product in the marketplace. As seems to be inevitable in situations like this, the parties’ relationship fell out. Trying to salvage something from the situation, Turner alleged the parties had formed…

The Supreme Court's Riley Decision Won't Change Much In The Field (Guest Blog Post)

The Supreme Court’s Riley Decision Won’t Change Much In The Field (Guest Blog Post)

[Eric’s Note: This guest blog post is from my colleague Kyle Graham, who teaches and writes in the area of Criminal Procedure, Evidence and others. I’m pleased to share his expert take on the Riley ruling, followed by a few…

How To Get Your Clickthrough Agreement Enforced In Court--Moretti v. Hertz

How To Get Your Clickthrough Agreement Enforced In Court–Moretti v. Hertz

So, by now, you know that if you want an enforceable online agreement, you need to implement it as a mandatory clickthrough. With that settled, it’s time to address an advanced topic: what evidence can you offer a judge to…

Daughter's Celebratory Facebook Post Really "Sucked"--Gulliver Schools v. Snay

Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay

Patrick Snay was headmaster at Gulliver Preparatory School, a private school in the Miami area. The school didn’t renew his contract, so he sued for age discrimination and retaliation. The parties settled confidentially for $150k, broken down as $10k of…

H2 2013 Quick Links, Part 5 (Miscellaneous)

H2 2013 Quick Links, Part 5 (Miscellaneous)

* Ars Technica: How the feds took down the Dread Pirate Roberts. A great story on how hard it is to remain anonymous online against determined federal agents. * Nice Reuters retrospective on Judge Rader. * DailyDot: The battle to destroy Wikipedia’s biggest sockpuppet army. Related: Is Wikipedia…

H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)

H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)

Facebook * MarketingLand’s coverage of Facebook’s increasingly complicated algorithm for ranking news feed stories. * People v. DeJesus, 2013 WL 6327657 (Cal. App. Ct. Dec. 4, 2013): As for defendant’s claim about an Internet posting to a group as potentially violating the trial court’s…