Internet Law Commentary

Law and Technology from a Palm Beach lawyer

‘Facebook’

Ten Steps to Facebook Discovery

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      This article, from the Spring 2015 Trial Advocate Quarterly, discusses four (4) reported trial orders  and (3) appellate decisions on social media discovery from Florida. While the orders and opinions are not exactly harmonized, they can be interpreted in a way that counsel for parties seeking social media discovery can follow these ten… Read More

Florida Second DCA: ShesAHomewrecker.com Case

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Florida’s Second District Court of Appeal recently ruled in Melissa Leach v. Tara Michelle Kersey that, under case-specific facts, sending messages, Facebook friending, and posting about another person on She’s A HomeWrecker.com were not “cyberstalking” under Florida Statute 784.0485. Under the cyberstalking statute, there must be at least two incidents of willful, malicious cyberstalking before… Read More

Deleting versus Deactiving Facebook

With the revelation that Facebook is tracking users across the web, even if you log off, I have deleted my Facebook account.   Yes, deleted.  Not just deactivated. You can “deactivate” your Facebook account and it disappears from sight but it is still there in the Facebook vault, ready for you to re-activate. So if… Read More

Fawcett v. Altieri: A New York Court Gets Social Media Discovery All Wrong

A New York court has held that, based on a “survey of social media case,” that there is a two prong test for production of Facebook content which includes developing facts before conducting certain discovery.  The court notes that Facebook production is “tantamount to a costly, time consuming fishing expedition…”  Moreover, the decision discusses privacy… Read More

Palm Beach County Bar: How to Effectively Use Technology in Your Practice

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Thanks to the Palm Beach County Bar Association’s Solo & Small Firm Practitioners Committee for the invitation to speak on “How to Effectively Use Technology in Your Practice.” We focused on iPhone/iPad apps for your practice, mediation, and trial as well as general social media discovery and marketing tips. Today’s course was taught by Spencer… Read More

Judge’s Guide to Social Media

The Fourth District Court of Appeal ruled yesterday that it was grounds for disqualification if a judge was Facebook-friends with the prosecutor.  In Pierre Domville v. State of Florida, a criminal defendant moved to disqualify Judge Andrew Siegel because the prosecutor was one of the judge’s friends on Facebook.  The Court relied upon Judicial Ethics… Read More

New Rules for Juror Internet Use in Florida Criminal Cases

The Florida Supreme Court issued an opinion last Thursday approving new standard jury instruction 1.001 (Introduction) which, according to the Comment, deals with jurors’ “communication with other and outside research.” If there is any question as to the serious nature of juror internet use — either tweeting/Facebooking about service or researching issues in the case… Read More