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NY Appellate Court Holds Privacy Settings Do Not Govern Scope of Social Media Disclosures
In Forman v. Henkin, No.1, (N.Y. Feb. 13, 2018), Kelly Forman (“Plaintiff”) injured herself when she fell from a horse owned by Mark Forman (“Defendant”). Defendant wanted access to Plaintiff’s entire Facebook account, saying the photographs and written postings would be material and necessary to his defense. Plaintiff failed to
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California Supreme Court to Review Whether Criminal Defendant Has a Constitutional Right to Obtain Social Media Records
Facebook, Inc. v. Superior Court, No. D072171, 15 Cal. App. 5th 729 (2017) relates to a criminal case where the defendants in a gang-related drive-by shooting case subpoenaed the Facebook, Twitter, and Instagram posts of a murder victim and a witness. The social media companies moved to quash the subpoenas, objecting
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No Recusal Required Based on Facebook ‘Friend’ Status
In Law Offices of Herssein and Herssein, P.A. v. United Servs. Auto. Ass’n, No. 3D17-1421 (Fla. 3d DCA Aug. 23, 2017) the Herssein Firm (“Herssein”) sued its former client, United Services Automobile Association (“USAA”), for breach of contract and fraud. Herssein accused one of USAA’s executives of witness tampering. USAA
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Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence
In Moody vs. CSX Transp., Inc., No. 07-cv-6398P, (W.D.N.Y. Sept., 2017), the United States District Court for the Western District of New York called Defendant CSX Transportation’s Court found defendants’ actions unfathomable and they did not uphold their duties under the Federal Rules of Civil Procedure. The trial court dismissed
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Court Examines Whether Public and “Private” Communications on Social Media Are Treated Differently in Discovery
The opinion in Brown vs. City of Ferguson, No. 4:15-cv-00831-ERW, (E.D. Mo., 2017) examined the question of whether public and “private” communications on social media are treated differently for purposes of discovery. On January 4, 2017, the Court ordered Plaintiffs to disclose all social media of Plaintiffs and Michael Brown
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Court Orders Plaintiff to Produce Archived Facebook and Twitter Data
In Matthews v. J & J Service Solutions, No. 16-621-BAJ-EWD, (M. D. Louisiana, 2017), the court examined multiple motions to compel Plaintiff to respond to Defendant’s discovery requests. In September of 2016, Plaintiff, Dana Matthews (“Plaintiff”) filed a Complaint against Defendant alleging employment discrimination and retaliatory discharge. Plaintiff alleges that
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User Beware: Cloud-Based Machine Translation Software Comes with Major Security Risks
The free machine translation site Translate.com is in hot water after Norway’s state-run oil company Statoil discovered that confidential data the company entered into the site has become searchable through Google and Microsoft search engines. The company found that its workforce reduction plans, dismissal letters, contracts, and other sensitive information –
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Was Your Confidential Data Exposed on Translate.com?
Machine translation is an essential tool for many businesses and organizations in today’s world. We work with people who speak different languages, especially in cases where operations have been outsourced to foreign countries. In other cases, important documents need to be translated. It would be difficult or impossible to conduct
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Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling
In Morgan Hill Concerned Parents Assoc., v. California Dept. of Educ., No. 2:11-cv-3471 KJM AC., (E.D. Cal. Feb 1, 2017), the Court granted Plaintiffs’ motion to compel native format production because Defendant, rather than timely filing objection to the requested format, instead proceeded to make production in a different format.
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Facebook Motion for Native Format ESI from IRS Denied
Facebook, Inc. et. al. v. Internal Revenue Service, Case No. 16-05884 (N.D. Cali., June 19, 2017) is a Freedom of Information Act (FOIA) case arising from an IRS audit of Facebook’s 2008-2010 tax years. After the audit, the IRS issued a notice of deficiency, asserting that Facebook understated its income