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…

Get Ready for a Rush of Facebooking Activity by Judges in Ohio

[Post by Venkat] Ohio Supreme Court (Board of Commissioners on Grievances and Discipline): Opinion 2010-7 (Dec. 3, 2010) I posted previously about Florida’s restrictive attitude toward Facebook friending by judges: “Is the Florida Bar Taking Facebook Friendship Too Seriously?” The…

“Trends in Internet Law” Talk Slides

By Eric Goldman A couple weeks ago, I spoke at the California State Bar IP Section’s IP Institute on the nominal topic of Hot Topics in Internet and Technology Law. I don’t normally do “hot topics” CLE presentations, and as…

Job Opening: Assistant Director, High Tech Law Institute

By Eric Goldman I’m sad to announce that Cindy Tippett, our current Assistant Director of the High Tech Law Institute, will be leaving the position due to a family relocation. Cindy has been an integral part of the HTLI’s operations…

Probation Limitations on Internet and Facebook Use Violate First Amendment — In re J.J.

[Post by Venkat] In re J.J., Case No. D055603 (Cal. Ct. App. Oct. 15, 2010) J.J. is a 15 year old who was found to have received a stolen motorcycle. He was adjudged a ward of the court and placed…

September 2010 Quick Links, Part 2

By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…