Facebook

When I was in college, it was not altogether uncommon for people to leave their laptops unattended with their Facebook accounts still logged in. It was not altogether uncommon for an enterprising prankster to creatively twiddle with said account. A little switch of sexual preference here, a mildly offensive profile picture there, and maybe a nonsensical new profile quote.

It was annoying, and at worst required minor social media damage control, but nobody seemed to care much.

Nowadays, people definitely care. The California Court of Appeals ruled on July 21 that the same sort of online mischief can lead to felony identity theft conviction.

Let’s learn more about Rolando S., a teenager who messed with the wrong Facebook account….

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Over the 13 years I ran Shepherd Law Group, I employed lawyers of varying ages. I had fortysomethings (full disclosure: I’m 43, although I really don’t look a day over 42), I had thirtysomethings, and I had twentysomethings. This last group, the so-called Millennials, were almost a completely different species. For example, in law school, these newbies click-clacked on laptops in the classroom — even during exams. They communicated with law professors using the email. And they had no idea what a mix tape was.

In practice, it turns out that they work differently, too. I remember walking into the office of one of my newer Millennials when she was working on a summary-judgment brief. Her desk looked like the desk of any brief-writing lawyer, with files and cases and books all over it. But what really struck me was her computer desktop. It must have had 20 windows open, many with tabs hiding other screens.

But at least one of the screens was Facebook, and another was an instant-messaging client. I could see that the IM screen was showing an active conversation. Another screen showed Pandora, which was streaming music I didn’t recognize (it was Portishead) at a reasonably low volume.

I was stunned. How could she get the brief done with all these distractions?

So what did I do about it?

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I always assumed that my youth (or quasi-youth) would guarantee me superstar status in connection with social media. I am not sure why I thought this, because my first foray into Facebook was a bit of a disaster. I was quite late to the party, joining years after I realized that everyone was doing it. To compensate, I went on a mad dash to accumulate as many friends as possible. I sent out friend requests to people that I had barely known, mistreated, been mistreated by and would not acknowledge if I saw them on the street. I would also accept anyone’s friend request. I recall that about a month after I joined, a man with no common friends sent me a request. His name was “Summertime,” he had no last name, and his picture was him without a shirt and holding what appeared to be an ax. I gladly accepted his request. Looking back, I shudder to think what a social media expert would have concluded was my personal brand based on viewing my profile.

Years later, when I became @ValerieLKatz, I forgot my Facebook failure and assumed that I would be a Twitter phenomenon. I believed, as with Facebook, that the only thing that mattered was to have a lot of tweeps.

So how do you get the tweeps, I wondered?

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One of the things you learn as a college president is that if an undergraduate is wearing a tie and jacket on Thursday afternoon at three o’clock, there are two possibilities. One is that they’re looking for a job and have an interview; the other is that they are an a**hole. This was the latter case.

Larry Summers, former president of Harvard University, describing his first meeting with the Winklevoss twins. Evidently Summers had no problem with the dramatization of their meeting in The Social Network.

We’ve devoted a lot of coverage to Paul Ceglia’s lawsuit claiming an ownership stake in Facebook because it’s kind of funny. Come on, we have a so-called “inveterate scam artist,” whose only profession besides apparent hucksterism involves something with wood claiming 50% to 84% ownership in the signature website of our times.

That’s funny.

And we keep covering Ceglia because it just keeps getting funnier. Ceglia just replaced his counsel, again. Next up to take on Facebook on Ceglia’s behalf is Jeffrey Lake, a small firm lawyer out in San Diego. A Google cache of his website reveals that Lake has represented “nearly 200 Medical Cannabis Collectives,” so I’m sure he’s up for the challenge of taking on Facebook.

Really, a guy like Lake seems like the kind of guy that should have been repping Ceglia all along. Which brings us to the firm Lake replaced: DLA Piper. I don’t know guys, maybe the strategy of having so many offices that you need to take any available case isn’t the best?

double red triangle arrows Continue reading “DLA Piper Withdraws From Paul Ceglia’s Facebook Lawsuit, And Now The Firm Looks Quite Foolish”

Oh, to be a newborn babe. A bright Cherub of innocence and hope who opens his eyes for the first time to look upon the world as if it were new. Oh, to be a administrator at John Marshall Law School in Atlanta and see a brave new world with such people in it.

Yes people, today is the day that John Marshall Law School set up its very own Facebook page for prospective students. Yes, yes, we are dealing with veritable scions of forward thinking. Early adopters all!

Just listen to the glory of having a school Facebook profile, as explained by those same innovators at John Marshall…

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Facebook founder Mark Zuckerberg attends a joi...

Facebook goes on the offensive to protect its founder from a man it says is a scammer

When Facebook called Paul Ceglia, the man who claims to have a contract with Mark Zuckerberg for half of Facebook, an “inveterate scam artist,” Ceglia’s lawyers at DLA Piper replied that the company had no facts to back that claim up. “We are prepared to move the case forward into discovery and our client looks forward to his day in court,” said DLA.

Facebook is ready for discovery too: their lawyers at Gibson Dunn have filed to expedite it. Their attached memorandum of law makes a strong case against Ceglia. Facebook’s hoping to give Ceglia his day in court, but it’s hoping that it’s a criminal court.

Facebook wants the original version of the contract that Ceglia claims Mark Zuckerberg signed and the emails that Ceglia said were exchanged regarding that contract. Facebook says they’re as fake as that app that claims to let you see who your Facebook stalkers are. To support their claims, they’ve dug into the dark corners of Ceglia’s past, mentioning again his drug and fraud convictions as well as disclosing a land scam that Ceglia has allegedly been running for years, that had not previously been discovered. Note to self: do not sue huge corporation with any potential skeletons in the closet.

If the allegations Facebook’s lawyers make are true, Ceglia could end up with prison time instead of a hefty chunk of Facebook stock.

Read on at Forbes.com….

PALO ALTO, CA - AUGUST 18:  Facebook founder a...

Facebook and Mark Zuckerberg respond to Paul Ceglia, the wood chipper who claims to own half of Facebook

Now that the Winklevoss twins have been sent packing by Chief Judge Alex Kozinski (with a kick in the ass on the way out the door from the rest of the Ninth Circuit), with a 0.00% chance of the Supreme Court taking their case, Facebook’s lawyers can focus on the latest “Actually, I Own Facebook” lawsuit.

Paul Ceglia claims to have a contract with Mark Zuckerberg that entitles him to half of the company. Zuck supposedly signed away a stake in Facebook in 2003 while a Harvard undergrad in exchange for $2,000 in seed money from Ceglia.

In an amended complaint filed in April (with the help of DLA Piper), Ceglia claimed to have some damning emails from Zuckerberg where they discussed “the face book” project at length. Ceglia said the emails showed that Zuck deceived him, allegedly telling him the site was not very popular with the Harvard kids, and asking him if he would like his $2,000 back — at the same time as Zuckerberg was moving out to California to ramp up operations.

Lawyers at Gibson Dunn filed Facebook’s response to Ceglia’s lawsuit this week, calling him a scam artist and saying that the contract he claims to have is “doctored” and that the evidence he has produced is “fabricated.” Here’s the scorching opener to the answer, which was certainly written as much for the media as for the judge….

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File this one under “Disappointing, but not really surprising.”

According to a new study, it turns out that quite a few law students not only break the law, but also post the evidence on Facebook. We’ve already covered why this is a bad idea.

For some reason I keep hoping Facebook has been around long enough that people –- at least those of us older than 16 –- would stop doing stuff like this and this. But I guess I’m just naive.

Let’s look at the study results….

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Lawyers love to talk about how technology always moves faster than the law. Nowhere is that tension more apparent (and sadistically fun to observe) than within the mean streets of Facebook. We’ve covered legal standards surrounding Facebook before — and it never gets old.

This week, a defense attorney in a personal injury case learns that just because you ask to be someone’s Facebook pal, that doesn’t mean they have to say yes. Even if you ask through the court system and your would-be “friend” happens to be suing your client for car-crash injuries.

A shocking revelation, right? Details after the ol’ jump.

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