Occupiers' Motion to Quash Subpoenas of Tweets Raises Privacy Questions

Posted on April 3, 2012 by Sheppard Mullin

By Craig Cardon and Rachel Tarko Hudson

Occupy protesters in New York are attempting to quash the Manhattan District Attorney's subpoenas of their tweets and Twitter account information. The protesters were arrested for obstructing the Brooklyn Bridge during a protest in October. The District Attorney wants to use the tweets to show that the protesters knew their actions were not sanctioned by the police. The D.A. is also attempting to obtain account information in order to connect anonymous Twitter accounts to their real owners. The protesters' motions argue that the subpoenas violate their privacy rights and their right to speak anonymously.

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Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants

Posted on July 25, 2011 by Sheppard Mullin

By Michelle Sherman

The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark infringement, or defamation. Fortunately, there is guidance from the courts so your company can increase its chances of identifying these anonymous bloggers, if necessary.
 

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E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses

Posted on January 18, 2011 by Sheppard Mullin

By Michelle Sherman

Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a study last year, so the numbers are already on the conservative side, 65% of Fortune Global 100 companies have active Twitter accounts, and 54% have Facebook fan pages. One third of these companies have a blog. This is how companies are doing business today. And, with this presence online comes legal obligations to capture and save these communications.
 

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What You Wish Your Lawyer Had Told You About Social Media

Posted on December 14, 2010 by Sheppard Mullin

By Michelle Sherman

The setting is the week before trial and the company has been ordered by the court to attend a final settlement conference. The company Kris Kringle Inc. is suing a former employee for taking the customer list and setting up a competing business for video games. Kris Kringle is also suing for deceptive trade practices and arguing that the defendant is getting business by confusing consumers and also posting disparaging comments about its video games.
 

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Legal Ethics and The Social Network

Posted on October 18, 2010 by Sheppard Mullin

By Paul Garrity & Kathryn Hines

It comes as no surprise that social networking sites can be sources of valuable evidence in litigation. One can easily imagine an attorney clicking through a witness' MySpace photo album with an eye towards attacking her credibility at trial or reading a Twitter feed, hoping for an update that could successfully dispute damages. As tempting as it may be to "Facebook stalk" the opposition, lawyers in New York recently received guidance on the ethical limits of this practice. Last month, both the New York State Bar Association and the New York City Bar Association issued opinions that outline the appropriate scope of obtaining evidence from social networking websites.
 

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