A Dark Side of Data Portability: Litigators Love It (Forbes Cross-Post)
By Eric Goldman In re White Tail Oilfield Services, L.L.C., 2012 WL 4857777 (E.D. La. Oct. 11, 2012) Cloud services are great, but they pose a number of challenges for users. For example, users may legitimately fear that vendors will…
If You’re a Prisioner Trying to Hide Your Unauthorized Phone, Don’t Brag About the Phone on Facebook! — Lloyd v. Shartle
[Post by Venkat Balasubramani] Lloyd v. Shartle, 11-1419 (JBS) (D.N.J.; Sept. 21, 2012) We’ve posted a ton about people imprudently posting stuff to their Facebook account that comes back to haunt them in litigation. (Eric has catalogued some of these…
Stored Communications Act Bars Disclosure of Facebook Records to Surviving Family Members in the UK
[Post by Venkat Balasubramani] In re Request for Order Requiring Facebook, Inc. to Produce Documents and Things, C 12-80171 LHK (PSG) (N.D. Cal.; Sept. 20, 2012) In 2008, Sahar Daftary fell from a 12th floor building in England. Her surviving…
Social Media Discovery Roundup
[Post by Venkat Balasubramani] * Douglas v. Riverwalk Grill, LLC, 11-15230 (E.D. Mich.; Aug 24, 2012) * Mailhoit v. Home Depot USA, Inc., 11-03892 DOC (SSx) (C.D. Cal.; Sept. 7, 2012) * Robinson v. Jones Lang Lasalle Americas, Inc., 12…
Florida Judge Disqualified Over Facebook Friendship With Prosecutor -– Domville v. Florida
[Post by Venkat Balasubramani] Domville v. Florida, No. 4D12 556 (Fl. Ct. App.; Sept. 5, 2012) I blogged briefly about a Florida ethics opinion that prohibits judges from friending lawyers who appear before them. (“Is the Florida Bar Taking Facebook…
Lawyer Who Advised Brother-in-Law Regarding the Use of Spyware on His Wife Disqualified in Ensuing Privacy Dispute — Zang v. Zang
[Post by Venkat Balasubramani] Zang v. Zang, 11-cv-00884 (S.D. Ohio; Aug. 30, 2012) This is another case involving surreptitious monitoring in the context of a divorce. I’ve half-jokingly mentioned that people who deploy monitoring or tracking software should seek the…
Family Court Says Facebook Photos of Grow Operation Wrongly Admitted in Termination Proceeding – In re A.D.W., et al.
[Post by Venkat Balasubramani] In re A.D.W., A.L.W., and X.M.M., No 2-648 / 12-1060 (Iowa Ct. App.; Aug. 8, 2012) [pdf] This is an action to terminate parentage. The father and mother have a long and difficult history dealing with…
Stored Communications Act Does Not Bar Discovery of Employee Phone Records–Mintz v. Bartelstein Assocs.
[Post by Venkat Balasubramani] Mintz v. Bartelstein & Assocs, CV 12 02554 SVW (SSx) (Aug. 14, 2012) Mintz is a sports agent who represents among others, some NBA players. He worked for Bartelstein & Associates for 11 years. After leaving…
Sixth Circuit Affirms Conviction for Threat Posted to YouTube – US v. Jeffries
[Post by Venkat Balasubramani with a comment from Eric] US v. Jeffries, 2012 WL 3641639 (6th Cir.; Aug. 27, 2012) We blogged previously about US v. Jeffries, where the district court declined to dismiss an indictment for posting an allegedly…
Google Tries Again to Respond to Judge Alsup’s Shill Disclosure Order. Now, How About Oracle?
By Eric Goldman Oracle America, Inc. v. Google Inc., 3:10-cv-03561-WHA (N.D. Cal. Aug. 24, 2012) In the ongoing saga about Judge Alsup’s requests that Oracle and Google disclose possible shills, Google filed a supplemental disclosure that listed 13 individuals/organizations. There’s…