Facebook

Remember how everyone used say, “Don’t post anything on Facebook you wouldn’t want your boss to see. But if you do, just make sure you set your privacy settings so that your boss can’t see.”

Well, things have changed. Now, when companies enter workman’s compensation or personal injury litigation, courts will sometimes order discovery on password-protected Facebook information.

On Thursday, a New York appeals court ruled that a company could not see the plaintiff’s protected data, but not simply because it was private. Let’s see what happened…

double red triangle arrows Continue reading “New York Court Says Sometimes Facebook Info Might Actually Be Private”

Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.

Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?

Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.

What does that mean for the three examples suggested in the opening paragraph of this post?

double red triangle arrows Continue reading “Inside Straight: Why Your Four-Month-Old Social Media Policy Is Obsolete”

Here at Above the Law, it seems like we complain about the American Bar Association on an almost daily basis. But you know what? It’s Friday, so we’re going to cut the ABA some slack.

We’re a little tardy to the party on this one, but today we have some news for law students that could possibly put some money into their pockets, all courtesy of the ABA.

Shocking, right? Law students, you’ll want to take part in this sweepstakes, but act fast, because it all comes to an end on Halloween….

double red triangle arrows Continue reading “Law Students: The ABA Wants to Help You ‘Put a Dent in Your Debt’”


Rapper or criminal mastermind?

I am constantly amazed at how dimwitted some criminals can be. We have covered them in these pages before, from the guy who left evidence of his violent plans open on his desktop, to the robber who reached out to his victim via Facebook.

On Thursday in Pennsylvania, a federal jury convicted Anthony D. Elonis on four counts of threatening his estranged wife, the Pennsylvania State Police, the Berks County Sheriff’s Department, a kindergarten class, and an FBI agent. The vehicle for his litany of threats was none other than Facebook.

The case goes to show that producers of cool heist movies like Ocean’s 11 or The Italian Job have no idea of the context in which your run-of-the-mill petty criminal exists.

What did Elonis threaten to do? Some pretty bad stuff, actually. Keep reading to see why it is lucky he’s no criminal mastermind….

double red triangle arrows Continue reading “Wannabe Rapper Convicted of Making Criminal Threats on Facebook”

Stop sexually harassing me.

* Now trending on the Election 2012 campaign trail for Republicans: attacks on the federal court system. Be prepared for SCOTUS term limits and other ridiculous propositions. [New York Times]

* After some bratty behavior from MGA Entertainment, Orrick was allowed to withdraw as counsel. Maybe they’re using the unpaid $3.85M in legal fees to buy noses for their dolls. [WSJ Law Blog]

* Paul Ceglia’s latest lawyer, Dean Boylan, is used to working with fabricated evidence. He was just ordered to pay $300K in damages for creating some fake kiddie porn. [Bloomberg]

* Cate Edwards got married this weekend. Was daddy sporting another $400 haircut when he walked her down the aisle? [Hollywood Reporter]

* Who wins the prize for being the number one deadbeat taxpayer in New York’s Upper West Side? A lawyer with $1.2M in tax liens, that’s who. [New York Post]

* “It would be better if you didn’t wear any underwear to work.” The trials and tribulations of being a female bartender in Manhattan, now brought to you in lawsuit form. [New York Daily News]

Better as a redhead.

* You know you’re screwed when law school folks are coming after you. A University of Hawaii Law dean has jumped aboard the “sue Facebook for wiretapping” bandwagon. [The Republic]

* Walk like an Egyptian? Emory Law student, Ilan Grapel — who was detained by Egypt on espionage charges — may soon be released in an exchange with Israel. [NBC New York]

* Lindsay Lohan’s probation was revoked, and she’s facing up to a year in jail. Judge Sautner doesn’t like her, so here’s hoping that LiLo’s single and ready to mingle. [New York Daily News]

* Heather Mills is being sued by her hairdresser over $80K in unpaid bills. After getting $50M in her divorce, she can’t cry poverty — she wouldn’t have a leg left to stand on. [Daily Mail]

* Being sexy and using kinky props for a song entitled “S&M” aren’t options anymore, because David LaChapelle has settled his copyright suit against Rihanna. [Rolling Stone]

* Peter Mullen, executive partner during the M&A boom at Skadden Arps, RIP. [New York Times]

'But I'm too pretty to go to jail.'

* The AT&T/T-Mobile antitrust suit is so big that not even Big Government law can handle it. The DOJ is bringing in even bigger guns with a partner from Biglaw firm Munger Tolles. [Bloomberg]

* Obama has nominated former Kozinski clerk, Paul Watford, to the Ninth Circuit. Way to go, because he’s kind of cute. Isn’t that what everyone looks for in a federal judge? [San Francisco Chronicle]

* Is Paul Ceglia’s Facebook lawsuit completely doomed? His own lawyer, Jeffrey Lake, wants to defriend him. This will be the fourth firm to dump Ceglia as a client. [Wall Street Journal]

* Blind item: which Hollywood actress is suing IMDb for $1M for revealing her true age? And we say “true age” because everyone knows that Botox knocks a few years off your face. [Reuters]

* Lindsay Lohan is due in court today for a progress report hearing, and prosecutors want to throw her in jail. Hope she’s been brushing up on her acting skills. [New York Daily News]

* Cry me a river? A Florida lawyer will be arguing before the state Supreme Court this winter over his First Amendment right to blast Justin Timberlake from his car stereo. [NBC Miami]

Would you like some doc review with that?

* How can you pick a side when it comes to fairness and the law? Can you straddle the fence? Don’t ask Justice Alito, because he’s still not really sure what the answers are. [New York Times]

* Paul Ceglia is finding out the hard way that court orders aren’t like annoying Facebook friend requests. You can’t just tell your lawyers to ignore them and hope they’ll go away. [Bloomberg]

* From occupying Wall Street to occupying the courts? 99% lawyers are threatening to clog up the courts if their demands aren’t met. At least they’d have a toilet to do it in. [New York Daily News]

* “If your choice is between going to Liberty Law or working a deep-fat fryer, you might as well go to Liberty, right?” Lat, I think we really need to have a chat. [Commercial Appeal]

* If I had a dollar for every dude who had an Asian adventure involving a Thai ladyboy, I’d be rich, but it doesn’t mean that The Hangover II was based on their exploits. [Hollywood Reporter]

Earlier this week, the federal government got some heat for allegedly violating the common man’s electronic privacy by snooping around in email and the like. Today we have a lawsuit from Kentucky accusing a tech company, specifically Facebook, of doing nearly the same thing.

What is going on? It’s almost like there’s no privacy anywhere anymore! (I’m kidding, of course: Privacy completely disappeared years ago.)

The suit, filed by an average Facebook user like you or me (well, most of you are lawyers, so not quite like you), claims a class of 150 million people, and damages of hundreds or thousands of dollars per class member. Exactly what heinous offense has Facebook supposedly committed?

I’m so glad you asked….

double red triangle arrows Continue reading “Did Facebook Illegally Wiretap 150 Million People? Maybe! Probably Not”

* LSAC might start auditing the LSAT scores and GPAs that law schools report to the ABA. Now, which agency is going to handle their too good to be true employment stats? [National Law Journal]

* Umar Farouk Abdulmutallab’s lawyer asked a judge to ban the word “bomb” from his trial. The judge denied it, because, well, he’s called the Underwear Bomber. Duh. [New York Daily News]

* “Don’t sanction me, bro!” Paul Ceglia’s lawyers are begging the court to pass on Gibson Dunn’s request for discovery sanctions after multiple delays. Like. [Thomson Reuters News & Insight]

* In a continuing battle over the market for slutty children’s dolls, Quinn Emanuel may have scored a big one for Barbie with this tentative ruling to toss MGA’s antitrust suit. [Washington Post]

* Apparently it’s unprofessional to put your colleagues on blast for allegedly having “sexual torture chambers” in their basements. Who knew? [Chicago Tribune]

* It’s also unprofessional to slap a man in the face during a deposition. And to think, this came after a confrontation about the impropriety of finger-pointing. [The State]

Page 18 of 251...141516171819202122...25