legal implications of social media orange county bar association march 28, 2013
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Legal Implications of Social MediaOrange County Bar Association
March 28, 2013
#SocialMediaLaw
@EthanWall
@EthanWall | #SocialMediaLaw
Samir Ghia
Social Media Affects Actual Cases
Smoking Gun Facebook Wall Posts & Profile Pictures
Privacy Settings and the Right to Privacy
Impact of Third Party Social Media Content
@EthanWall | #SocialMediaLaw
Mom Hires Hit Man on Facebook
London Eley posted on her Facebook wall:
I will pay somebody a stack to kill my baby father
Timothy Bynum responded:
say nomore wat he look like nd where he be at
@EthanWall | #SocialMediaLaw
McMillen v. Hummingbird Speedway (Pa. 2010) Plaintiff seriously injured after he was
rear-ended following a stock car race
Plaintiff Claimed:
Permanent impairment, loss of general health, loss of enjoyment of life
Defendant served requests for Plaintiff’s Social Media Login Credentials
@EthanWall | #SocialMediaLaw
Plaintiff objected on the grounds of confidentiality and privilege
McMillen v. Hummingbird Speedway (Pa. 2010)
Public portion of Plaintiff’s Facebook revealed comments about his fishing trip and attendance at a later stock car race
Defendants successfully moved to compel Plaintiff to Turn Over Login Information
as Facebook evidence was relevant to sufficiency of damages claims
@EthanWall | #SocialMediaLaw
Litigants should utilize “all rational means for ascertaining the truth”
Barnes v. Coyote Ugly
@EthanWall | #SocialMediaLaw
@EthanWall | #SocialMediaLaw
Barnes v. Coyote Ugly
@EthanWall | #SocialMediaLaw
Barnes v. Coyote Ugly
Plaintiff sued for injuries after falling and striking her head at the
bar.
Defendant served plaintiff’s Facebook “friends” with a
subpoena to obtain social media activity near the time of the
incident.
@EthanWall | #SocialMediaLaw
@EthanWall | #SocialMediaLaw
Romano v. Steelcase, Inc. (NY 2010)Plaintiff Sued for Personal Injuries
Plaintiff claimed: Loss of enjoyment of life and could no longer leave her house
But what did her Facebook profile picture reveal….
A Photograph of Plaintiff Smiling
Outside Her House
@EthanWall | #SocialMediaLaw
Objected to Facebook discovery based on her 4th amendment “right to privacy”
Romano v. Steelcase, Inc. (NY 2010)
When plaintiff created her Facebook and MySpace accounts, she consented to the fact that her personal information would be shared with others, notwithstanding her privacy settings. Indeed, that is the very nature and purpose of these social networking sites, else they would cease to exist. Since plaintiff knew that her information may become publicly available, she cannot now claim that she had a reasonable expectation of privacy.
@EthanWall | #SocialMediaLaw
Court Analyzed Her Expectation of Privacy:
1. Did Plaintiff Have Subjective (personal) Expectation of Privacy?2. Did Plaintiff Have a Reasonable (society) Expectation of Privacy?
Rhode Island v. Lipton
Lipton charged in a drunk driving accident with serious injuries
Attended a party two weeks later
Unremorseful & Depraved
Received Maximum Sentence
Anything You Say on Social Media…
Ethan Wall, Esq.Social Media Law & Order
Ethan Wall concentrates in internet, intellectual property, and social media law at Richman Greer, P.A. in Miami.
Recognized by Chambers as an “Associate to Watch,” a “Florida Rising Star” by Florida Super Lawyers’ Magazine, and as one of Florida’s “Top Up & Comers” by Florida Trend Magazine, Ethan frequently presents and publishes articles on the effect of social networking and the internet on the law.
Ethan co-authored the Social Media Guide for Lawyers, a practical guide on how lawyers and law firms can use social media to effectively, ethically, and responsibly use social media to promote their practice. The Guide can be downloaded at http://SocialMediaGuideforLawyers.com.
Ethan also authors the Social Media Law and Order blog about the effect of social media on the law at http://SocialMediaLawAndOrder.com.
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