Florida’s First Email Service Case – Strict Liability Service!

Jun 13, 14 Florida’s First Email Service Case – Strict Liability Service!

Posted in Litigation, Uncategorized

In Florida’s first appellate court case parsing the particulars of email service (now required in Florida state courts), earlier this week Florida’s Fourth District Court of Appeal issued its opinion in Matte v. Caplan, Case No. 4d13-903 (Fla. 4th DCA 2014).  The case dealt with the trial court’s denial of a...

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Hands Off, Courts: Privacy And Anonymous Speech

Jun 03, 14 Hands Off, Courts: Privacy And Anonymous Speech

Posted in First Amendment, Litigation, Litigation, Privacy

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Rather than the traditional invocation of the First Amendment, the California Second District Court of Appeal recently protected anonymous speech using a state constitutional privacy rationale. This case arose in amidst allegations by UMG Recordings of Escape Media Group’s...

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No Summary Judgment For Court Admin Who Stopped Assigning Cases To Attorney After Facebook Post

Jun 02, 14 No Summary Judgment For Court Admin Who Stopped Assigning Cases To Attorney After Facebook Post

Posted in First Amendment, Litigation

In Butler v. Edwards-Brown, the plaintiff is an attorney in Michigan, who occasionally received assignments from the Washtenaw County Probate Court. Then this happened: In April 2012, Plaintiff made a comment on Facebook about the performance of the Clerk’s Office at the Washtenaw Probate Court, specifically with regard to a...

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Overbroad Discovery Requests: Another “Fishing Expedition” Cut Short

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) We write about eDiscovery a lot here at IT-Lex, and one recurring theme really seems to stand out—put the time and thought into your discovery requests. This time around, it’s important to remember to be sufficiently specific in your requests for production. In a recent short...

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Operators Of Jerk.com Accused Of Deceiving Consumers By The FTC

May 30, 14 Operators Of Jerk.com Accused Of Deceiving Consumers By The FTC

Posted in Litigation

By IT-Lex Intern Amber Williams (LinkedIn) A recent press release from the FTC announced that the operators of Jerk.com had been charged with deceiving customers. Apparently, the defendants registered multiple websites with Facebook and allegedly used Facebook’s application programming interfaces to download the personal...

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Facebook ID Not Protected Communication Under ECPA

May 29, 14 Facebook ID Not Protected Communication Under ECPA

Posted in Litigation, Litigation, Privacy

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) The Ninth Circuit recently addressed the Electronic Communications Privacy Act (ECPA) in the consolidated cases In re Zynga Privacy Litigation and In re Facebook Privacy Litigation. In both cases where the plaintiffs alleged that the social websites disclosed confidential user...

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