Social Media

ilsteam
September 5, 2019

Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction

In Cordova v. Walmart Puerto Rico, Inc., et. al., No. 16-2195 (ADC) (D.P.R. July 16, 2019), the judge imposed a sanction of adverse inference against Plaintiff due to Plaintiff’s failure to disclose and subsequent deletion of a social media account while the litigation was pending. This case involves allegations of unlawful discrimination, retaliation, and unjust

ilsteam
August 29, 2019

Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment

In the case In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019), the Court of Appeals of Wisconsin reversed and remanded the case for further proceedings to a different judge after finding “a great risk of actual bias” due to the sitting judge’s acceptance of a Facebook “friend” request from

ilsteam
June 6, 2018

Court Grants Spoliation Sanctions for Deleted Social Media Accounts

In Nunes v. Rushton (Case No. 2:14-cv-00627-JNP-DBP.)(United States District Court, D. Utah), the Court granted the plaintiff’s spoliation sanctions. Rachel Nunes (plaintiff) brought a copyright infringement claim against Tiffanie Rushton (defendant). The defendant copied protected portions of the plaintiff’s book, A Bid for Love, and released copies of the work to reviewers for promotional purposes.

ilsteam
April 27, 2018

Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records

In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations. GoPro, Inc. (“Plaintiff”) alleged that

ilsteam
April 23, 2018

Congress Passes Law Clarifying Scope of U.S. Warrants for Email Data Stored Overseas; New Law Moots Microsoft Case Before SCOTUS

In U.S. v. Microsoft Corporation, No. 17-2 (U.S. April 2018), the Supreme Court of the United States granted certiorari to decide whether a United States-based provider of e-mail services must disclose electronic communications within its control to the government when the provider stores the communications abroad. In December 2013, federal law enforcement agents applied to

ilsteam
March 12, 2018

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 comply. Defendant moved to compel.

ilsteam
January 29, 2018

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 under the federal Stored Communications

ilsteam
January 12, 2018

Court Rejects Defendant’s Motion to Dismiss In Trade Secret Theft via Dropbox Account Case

In Abbott Laboratories v. Finkel, No. 17-cv-00894-CMA, Dist. Court, (D. Colo. 2017), a dispute arose after Defendant transferred company information and documents into a Dropbox account. On December 8, 2014, Plaintiff Abbott Laboratories (“Abbott”) hired Defendant Dustin Finkel as a General Manager for its Nutrition Division. While Defendant worked for Plaintiff, he had access to

ilsteam
January 3, 2018

Defendants’ Motions for Terminating Sanctions and to Depose Plaintiff for More than Three Hours are Denied

The Plaintiff in Alexis v. Rogers, No. 15cv691-CAB (BLM), (S.D. Cal. Mar. 21, 2017) filed a complaint in 2015 alleging intentional and negligent infliction of emotional distress, sexual harassment, and retaliatory, wrongful termination. The Plaintiff also alleged the right to be awarded general damages, lost earnings, punitive and exemplary damages, pre-judgment interest, costs of suit, and

ilsteam
January 2, 2018

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 hired Israel Reyes (“Reyes”), an