California Supreme Court Ruling Provides Guidance on Assessing Subpoenas to get Social Media Evidence
8/20/20
By: Barry Miller
Litigators fight a continuing battle in trying to get social media evidence. When an opponent does not cooperate, the only option may be to subpoena that information directly from the owner of the social media platform. On …
Could Facebook’s $5 Billion FTC Fine for Privacy Violations be Covered by Cyber Insurance?
8/14/19
By: Isis Miranda
A similar question was posed to me recently at a conference where I was speaking about the GDPR (European General Data Protection Regulation): “Could my company just buy insurance instead of worrying about whether our China-based venders …
Next Up Libra: Regulating Cryptocurrency
7/23/19
By: David Molinari

Reluctance to accept cryptocurrency as a medium of exchange continues to focus, in substantial part, on the inability to regulate a virtual form of currency.
Cryptocurrencies were originally meant to be stateless entities, not beholden to legal …
Facebook And Association Criticism: How To Address Unfounded Allegations Against An Association And Its Board
10/12/18
By: Jonathan Romvary
How far can a Board go in fighting against what they believe is unfair homeowner criticism? Can they publish a formal response to unfounded allegations? How should Associations address online criticism on unofficial Facebook groups created by …
If You Don’t Have Anything Nice To Say….You Probably Shouldn’t Post It!
8/22/18
By: Shaun Daugherty & Samantha Skolnick
Mothers all over the world have admonished their children: “if you don’t have anything nice to say, don’t say anything at all.” It may lose something when translated into some obscure dialects, but the …
Facebook and Twitter: More Transparency for Political Ads
6/4/18
By: Amy Bender
In the wake of the alleged Russian interference with the U.S. presidential election through targeted Facebook ads, both Facebook and Twitter now have imposed conditions for political campaign advertisements. Since there currently are no legal requirements for …
Countries Around the World Are Investigating Facebook’s Cambridge Analytica Event
4/26/18
By: Allen E. Sattler
On March 18, 2018, news broke of the Cambridge Analytica event where the data of an estimated 87 million Facebook users was disclosed to the UK-based political consulting firm. The breach of user data resulted in …
Are Your Facebook Job Postings Violating the ADEA
2/8/18
By: Brenton S. Bean
So say putative class action plaintiffs in the Northern District of California. See Communications Workers of America et al v. T-Mobile US, Inc., et al, Case No. 5:17-cv-7232 (N.D. Ca), filed Dec. 20, 2017. Plaintiffs …
What Does Your Video Watching Behavior Say About You?
12/18/17
By: Jonathan Romvary
A federal court recently determined that the sharing of an individual’s device identification number and the videos watched does not violate federal privacy laws. In Eichenberger v. ESPN, Inc. , 2017 BL 427074, 9th Cir., No. 15-35449 …
Our Employee Said What Online? Public Entities and Employee Speech in the Digital Age
9/22/16
By: Paul H. Derrick
Unlike their private-sector counterparts, employees of municipalities, counties, and other public entities have work-related free speech rights that enjoy varying levels of First Amendment protection. Supreme Court law is clear on that broad point, although its …
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
4/9/15
By: David A. Cole
Recently, Virginia enacted a new law that limits employer access to personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015, prohibits employers in Virginia from requiring a …
Internet Defamation: Parents Can Be Held Liable for Children’s Facebook Posts
10/16/14
By: Wayne S. Melnick
One of the newest and most quickly developing areas of tort liability is regarding torts committed over the internet. The most common “traditional” tort that occurs (or is alleged to have occurred) when it comes to …