South Dakota S.Ct Recognizes the Obvious: a Happy Birthday Message on Facebook Doesn’t Mean Much — Onnen v. Sioux Falls Independent School Dist.
[Post by Venkat Balasubramani] Onnen v. Sioux Falls Independent School Dist., 2011 S.D. 45 (South Dakota; Aug. 3, 2011) If any modern day communication is more inconsequential than a “happy birthday” post on Facebook, I’m not sure what is. We’ve…
Employee Terminated for Accessing ‘Inappropriate’ Websites not Entitled to Unemployment Benefits — Berglund v. ITI
[Post by Venkat Balasubramani] Berglund v. Industrial Tech. Institute, No. 298227 (Mich. Ct. App. July 21, 2011) Berglund worked at Industrial Technology Institute and was terminated for “using his computer to access inappropriate websites” (and for printing materials unrelated to…
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…
Regulating Reputational Information Chapter Now Available
By Eric Goldman I have posted my book chapter, The Regulation of Reputational Information, which I published as part of The Next Digital Decade compilation I’ve previously mentioned. I have another version of this chapter coming out later this year…
Private Employers and Employee Facebook Gaffes [Revisited]
[Post by Venkat Balasubramani] I posted about a Wall Street Journal article highlighting supposed legal landmines facing private employers who discipline their employees for Facebook gaffes. (“Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?“) I asked…
Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?
[Post by Venkat Balasubramani] I’m not sure why, but this Wall Street Journal article (“Can Employers Fire Over Facebook Gaffes?“) screamed out for a comment. Maybe this is just a case of headline puffery, but the idea that there is…
Internet-Proofing your Cease and Desist Letter [Revisited]
[Post by Venkat Balasubramani] I blogged some time ago about steps you can take to “‘Internet-Proof’ Your Cease and Desist Letter.” Here’s what happens when you don’t. The law firm Lazar, Akiva & Yagoubzadeh sent a cease and desist letter…
What State Does the Harm Occur in When Adulterous Lovers Text and Email Each Other Across State Lines? — Knight v. Woodfield
[Post by Venkat Balasubramani] Knight v. Woodfield, No. 2009-IA-01371-SCT (Mississippi; Jan 6, 2011) Personal jurisdiction questions in cyberspace have been pretty well hashed out over the last ten years, and it’s tough to tell whether recent cases are breaking any…
Goldman Spring 2011 Speaking/Travel Schedule
By Eric Goldman This lists some of my upcoming public/semi-public talks and other events this semester. As always, if we’re going to be at the same conference or if I’m traveling to your area and you would like to try…
Court Rejects Plaintiff’s Proposal of Class Notice via Twitter, SMS, and Email — Jermyn v. Best Buy
[Post by Venkat] Jermyn v. Best Buy, No. 08-Cv-00214-CM-DCF (S.D.N.Y.; Dec. 06, 2010) Plaintiffs brought a class action against Best Buy alleging that Best Buy failed to honor its price-match guarantee. The court certified the class with respect to New…