Logging Into Someone Else’s Facebook Account and Posting Messages on Their Friends’ Walls Could Be Identity Theft — In re Rolando S.
[Post by Venkat Balasubramani, with comments from Eric] In re Rolando S., 2011 WL 3212879 (Ca. Ct. App.; July 21, 2011) Background: Rolando was a juvenile who received an unsolicited text message with the victim’s email password. According to the…
Power.com Up For Auction — Facebook v. Power Ventures
[Post by Venkat Balasubramani] Facebook v. Power Ventures, Case No. 5:08-cv-05780 JW (N.D. Cal.) [Update/Clarification: I received an email from the CEO of RokMe Inc. (who is handling the power.com auction) to this effect: Power.com is being sold by its…
Judge Ware OKs Immediate Appeal of Street View ECPA Ruling — In re Google Inc. Street View Electronic Communications Litigation
[Post by Venkat Balasubramani] In re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. July 18, 2011) (Order granting Google’s request to certify and staying case) [pdf] Judge Ware recently denied Google’s request to avail itself…
Court Denies Injunction in Webcam Case Against Aarons — Byrd v. Aarons, Inc.
[Post by Venkat Balasubramani] Byrd, et al. v. Aaron’s, Inc., et al., 11-cv-00101-SJM-SPB (W.D. Pa. July 8, 2011). Magistrate report. Judge’s approval. Plaintiffs leased (and then purchased) their computer from Aspen Way, a franchisee of Aaron’s. Many of the computers…
Court Orders Plaintiff to Turn Over Facebook and MySpace Passwords in Discovery Dispute — Zimmerman v. Weis Markets, Inc.
[Post by Venkat Balasubramani] Zimmerman v. Weis Markets, Inc., CV-09-1535 (Pa. Ct. Common Pleas; May 19, 2011) Courts continue to struggle with the discoverability of social network evidence in civil cases and the logisictal problems posed by these discovery disputes….
Supreme Court Strikes Down Statute Restricting Sale and Use of “Prescriber” Data on First Amendment Grounds — Sorrell v. IMS
[Post by Venkat Balasubramani with comments by Eric] Sorrell v. IMS Health Inc., 10-779 (June 23, 2011) [pdf] The Supreme Court struck down a Vermont statute restricting the dissemination of “prescriber-identifiable” information for marketing purposes. While this case was viewed…
Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions
[Post by Venkat Balasubramani] Animators at Law, Inc. v. Capital Legal Solutions, 10cv1342 (E.D. Va.; May 10, 2011) This lawsuit presented an increasingly familiar fact pattern. Employees leave a company and the employer sues the ex-employees under the Computer Fraud…
Judge Ware: Google Not Entitled to “Readily Accessible to the General Public” Defense in Street View Class Action
[Post by Venkat Balasubrmani, with comments from Eric] In re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. June 29, 2011) (Order) (Google’s Motion to Dismiss) (Google’s Reply) (Google’s Supplemental Brief) (EPIC’s Amicus Brief) The multitudinous…
San Diego County Bar Tackles Lawyer Friend Requests and the Ex Parte Rule
[Post by Venkat Balasubramani] The San Diego County Bar Association recently tackled the issue of whether a lawyer’s friend request to an employee of a party violates the rule barring ex-parte communications by a lawyer with a party whom the…
Court Conducts in camera Review of Plaintiff’s Facebook Page to Resolve Discovery Dispute — Offenback v. Bowman
[Post by Venkat Balasubramani] Offenback v. Bowman, 10-CV-1789 (M.D. Pa.; June 22, 2011) Background: Discovery disputes over Facebook accounts and whether they are discoverable in civil cases are piling up. Courts and litigants continue to grapple with the central problem…