Internet Law Commentary

Law and Technology from a Palm Beach lawyer

‘Social Media Law’

Second Cir: Facebook Case Reveals Difference b/t CFAA & SCA Statute of Limitation Periods


The Second Circuit confirmed that the Computer Fraud and Abuse Act (18 USC 1030) and the Stored Communications Act (18 USC 2701) calculate the starting point of their two year statute of limitation differently.  If someone’s email and/or social media accounts are hacked, the statutory periods are calculated differently.  This case may be important since… Read More

Ten Steps to Facebook Discovery


      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: Case


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 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

How Florida Lawyers Use Technology


In January 2015, the Florida Bar released its “Results of the 2014 Economics and Law Office Management Survey,” which you can find here. The Bar article covers the primary study results however there are far more interesting tech-specific data about lawyers and their use of technology. Some of the interesting, if not unusual, highlights about… Read More

How Jurors and Lawyers Use Social Media and Technology


  Lawyers are ethically required to stay competent with emerging technology that impacts their practice.  You need confidential communications.  You need to know how to research. This article, How Jurors and Lawyers Use Social Media and Technology, discusses how the average juror is using the internet AND explains what your co-workers and colleagues are doing.… Read More

If This Then That (IFTTT) For Lawyers


An app called “If This, Then That” or IFTTT exists to bring together your smartphones alarms, notices, social media, and other internet tools so that you can, as their tag line says, “take control of the internet.” This article, “If This Then That (IFTTT” For Lawyers” explains how to combine your various internet resources into… Read More

No Social Media Privacy for Alleged Colorado Theater Shooter


Defendant James Eagan Holmes, the alleged Aurora, Colorado movie theater shooter, sought to suppress records obtained from two “dating” sites, and (to be clear, the former is for “sex and swinger personals”). apparently broke the story that Holmes, using the alias “classicjimbo,” had a picture of himself with red hair and a… Read More

Spying Spouses: Social Media & Divorce / Family Law


  Thanks to the Palm Beach County Bar Association’s Family Law CLE Committee for inviting me to speak at the “Spying Spouses” seminar today. The materials for my section on “Family Law Discovery: Social Media and E-Discovery” is here. We discussed: * mistakes that lawyers make in e-discovery and social media discovery; * protection for… Read More

Your Law Firm Blog is Terrible


Some of the worst legal writing is found… on the internet.  Yes, when there is an opportunity to market, explain a new legal development, or explain the latest law firm news, lawyers take to their firm blogs and write some of their worst material.  We understand.  Billable hours are draining.  You write all day.  Maybe… Read More

Defendants Want Social Media, Plaintiffs Want E-Discovery


In civil lawsuits, particularly those involving individuals as plaintiffs and businesses as defendants, lawyers on either side are turning to new discovery tools that they can use against their opponent without much fear of retribution.  Specifically, a defendant seeks a plaintiff’s social media.  Embarrassing and risky for the plaintiff, perhaps, but likely the defendant-corporation has… Read More

Palm Beach Judge Sasser Rules on Social Media Discovery


  In a slip-and-fall personal injury action, Palm Beach County Circuit Court Judge Meenu Sasser entered a January 29, 2013 Order Sustaining Plaintiff’s Objections to Social Networking Discovery. Judge Sasser’s 11-page opinion enters the fray among other trial and intermediate appellate court opinions on the discoverability of social media information. Judge Sasser references the 2012… Read More