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Category Archives: Social Media

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LinkedIn class suit proceeds because endorsement (spam) emails might cause users reputational harm

Posted in Information Technology, Privacy, Social Media

Have you ever received an email from LinkedIn with the invitation: “I’d like to add you to my professional network.”? If you did not respond, did you receive a reminder email a week later? And another one a few weeks after that? If you did, or if you were one of the LinkedIn users who (inadvertently) sent out one of these “endorsement emails,” then Perkins v. LinkedIn (N.D. Ca. June 14, 2014) is a class action lawsuit against LinkedIn you might want to keep an eye on.

The crux of the complaint, which has been brought by nine individual plaintiffs as a class suit, is that LinkedIn violated several state and federal laws by harvesting email addresses from the contact lists of email accounts associated with the class plaintiffs’ LinkedIn accounts and used the contacts to spam their users’ contacts with LinkedIn ads. The class complaint alleged five causes of action:

  1. violation of California’s common law right of publicity;
  2. violation of California’s Unfair Competition Law (“UCL”);
  3. violation of the Stored Communications Act (“SCA”);
  4. violation of the Wiretap Act; and
  5. violation of California’s Comprehensive Data Access and Fraud Act (“CCDAFC”).

The district court is allowing the case to proceed on the California right of publicity claim, but not on any others. Here is how the court came to that decision.…


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Hashtag promotions could spell #trouble with FTC Endorsement Guides

Posted in Privacy, Social Media

The Federal Trade Commission’s Division of Advertising Practices has recently finalized its investigation into Cole Haan’s “Wandering Shoe” contest wherein contestants could enter the contest by creating Pinterest boards titled “Wandering Sole” and including five shoe images from Cole Haan’s Wander Sole Pinterest Board as well as five images of contestants’ “favorite places to wander.” Contestants also were instructed to use #WanderingSole in each pin description. The contestant with the most creative entry would, under the contest rules, be awarded a $1,000 shopping spree from Cole Haan.

In its investigation closing letter, the FTC stated that it believes “that participants’ pins featuring Cole Haan products were endorsements of the Cole Haan products, and the fact that the pins were incentivized by the opportunity to win a $1,000 spree would not reasonably be expected by consumers who saw the pins.” The FTC also stated that “Cole Haan did not instruct contestants to label their pins and Pinterest boards to make it clear that they had pinned Cole Haan products as part of a contest” and that the #WanderingSole hashtag did not adequately communicate “the financial incentive—a material connection—between contestants and Cole Haan.”…


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Facebook updates policy regarding remembering loved ones, which begs the question: Is legislation over digital assets necessary or inevitable?

Posted in Privacy, Social Media

A few days after we posted “Facebook’s ‘Look Back’ videos send reminder: Get digital accounts in order before death,” which provided guidance to digital account users on how to make plans for their digital accounts before death, Facebook announced a policy change regarding how it would maintain the profiles of its users who have passed away in an effort to better preserve their legacies on the site.

As we explained in the post, before the change, when a user’s account was memorialized, the profile was restricted to “friends” only. This precluded anyone who was not a “friend” of the user from seeing or commenting on the profile. With Facebook’s new change, which became effective Feb. 21, 2014, Facebook will now maintain the visibility of the user’s content as-is, which will allow people to view the memorialized profiles in the same manner consistent with the user’s privacy settings.

The reason, as Facebook explained: “We are respecting the choices a person made in life while giving their extended community of family and friends ongoing visibility to the same content they could always see.” This means that if a user’s profile was publicly visible before death, it will remain that way after death. This gives Facebook user another reason to stay on top of Facebook’s privacy settings and adjust accordingly.

Facebook also announced that it will share the Look Back video of a loved one, which it created for users as part of its 10th Anniversary, upon a proper submission …


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Facebook’s “Look Back” videos send reminder: Get digital accounts in order before death

Posted in Social Media

To celebrate its 10th anniversary, Facebook created a “Look Back” video for each of its users. A father mourning the loss of his recently-deceased son uploaded a video of himself to YouTube pleading with Mark Zukerberg and Facebook to see his son’s video. The father deemed his request a “shot in the dark,” but Facebook answered and informed the father it was creating a memorial video for his deceased son.

The same day I read about this, I had a reminder on my Facebook homepage reminding me to say “Happy Birthday” to one of my Facebook friends. Unfortunately, that friend passed away a few weeks ago, and the would-be-friendly Facebook reminder ended up being a painful one.

This got me thinking, with well over a million Facebook accounts, not to mention all the other social media accounts, belonging to deceased individuals, it might be a good time to remind digital account users what they can do during their lives to better manage their social media and other digital accounts after death. There is a lot of valuable information on these social media and other digital accounts, some sentimental, some emotional and some even commercial. The digital content ranges from a user’s photographs, videos, credit card information, payroll accounts (like PayPal), and as demonstrated by Facebook’s Look Back video, can be a time capsule of sorts. There are a few things to consider in navigating this area. First, are the terms of use policies of the individual custodians of digital information. …


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A Trans-Atlantic exploration of emerging privacy law and policy issues

Posted in Information Technology, Privacy, Social Media

This past summer, the University of Amsterdam launched a new, week-long Privacy Law and Policy Summer Course related to the Internet, electronic communications, and online and social media. Course faculty included European and U.S. academics, European regulators and the head of the global privacy law practice at an international law firm, among others. Course participants consisted of 25 legal practitioners and post-graduate researchers from the Netherlands, Spain, Italy, Slovakia, the United States, Japan, Brazil, Kenya and other countries. I was lucky enough to serve as a co-organizer and faculty member for the course.

Taken together, the nine mini-seminars that constituted the backbone of the course provide a snapshot of developments in privacy law and policy in Europe and in the United States, and how they relate to one another. This should be of interest to U.S. lawyers and others who work in the areas of privacy law, compliance and management. What follows is a brief description of some key takeaways from the week, and an attempt to pull them together into a broader perspective.

Doing business over the Internet

Daniel Cooper, head of the Global Privacy Practice at Covington & Burling, discussed emerging legal and policy challenges facing European companies that seek to do business over the Internet. Cooper’s comprehensive presentation stressed that companies face a wide array of matters, including privacy issues related to online behavioral advertising and business use of social media, facial recognition technology, mobile apps, and big data. The 1995 Data Protection Directive pre-dates these technological …


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Key e-discovery cases in September

Posted in Electronic Discovery, Social Media

Here are my thoughts on key e-discovery cases decided in September, including a decision showing how a company can defensibly delete data that it no longer needs, the recent case “trend” of courts requiring the disclosure of the sources and search terms used to find discoverable ESI, and a couple of cases addressing the issue of “possession, custody and control,” one involving a parent-subsidiary relationship and the other involving the personal computers and electronic devices of former and current employees.

Spoliation/sanctions

In re Pradaxa (Dabigatran Etexilate) Product Liability Litigation, MDL No. 2385 (S.D. Ill. Sept. 25, 2013). As discussed in more detail here, the trial court denied the plaintiffs’ motion for spoliation of the emails and documents held by the defendant’s former vice president of marketing because the court found that the defendant properly destroyed the emails and documents pursuant to its document retention policies.…


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Key e-discovery cases in August

Posted in Electronic Discovery, Information Technology, Social Media

In addition to the posting of the proposed discovery amendments to the Federal Rules of Civil Procedure for public comment, August was packed with a number of interesting e-discovery decisions. Here are my thoughts on key e-discovery cases decided last month, including another spoliation blockbuster from Judge Shira Scheindlin and rulings on e-discovery costs, search terms, proportionality and privacy.

Spoliation/sanctions

Sekisui American Corp. v. Hart, No. 12 Civ. 3479 (S.D.N.Y. Aug. 15, 2013). Judge Scheindlin considered the “appropriate penalty for a party that — with full knowledge of the likelihood of litigation — intentionally and permanently destroyed the email files of several key players.” Based on Judge Scheindlin’s analysis of the facts, she reversed the magistrate judge’s order declining to award sanctions and instead ordered that an adverse jury instruction be given at trial.

The most notable part of the decision was that it was issued on the same day the public comment period opened for the proposed discovery amendments and Judge Scheindlin included a footnote openly disagreeing with the proposed changes to Rule 37(e). She stated: “I do not agree that the burden to prove prejudice from missing evidence lost as a result of willful or intentional misconduct should fall on the innocent party. Furthermore, imposing sanctions only where evidence is destroyed willfully or in bad faith creates perverse incentives and encourages sloppy behavior. Under the proposed rule, parties who destroy evidence cannot be sanctioned (although they can be subject to ‘remedial curative measures’) even if they were …


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Facebook eases requirements for sweeps and contest promotions

Posted in Privacy, Social Media

For many years, we have been advising our clients that, in addition to the laws addressing sweepstakes and contest promotions, they must also be aware of the Facebook’s promotion guidelines if they wished to link their sweepstakes promotion to the company Facebook presence. While that remains true, Facebook has now made it much easier for companies to run promotions through Facebook. Prior to Facebook changing the terms of their guidelines on Aug. 27, promotions were not allowed to be run directly through Facebook or Facebook’s functionality. Instead, running a contest or sweepstakes promotion required companies to use a third-party (or in-house created) application run on Facebook’s platform. Facebook posted an announcement of the changes which also explained some of the remaining limitations (such as prohibitions in the new guidelines against encouraging inaccurate tagging for purposes of a promotion). The amended guidelines also include certain other requirements with respect to clarifications that Facebook is not a sponsor of and does not endorse the promotion and a release of Facebook from all liability.

Whether a company would be wise to take advantage of this new freedom depends in part on a number of factors — including the nature and complexity of the promotion, the notoriety of the particular company and anticipated participation. It may prove extremely difficult to reasonably and fairly sort through thousands of entries without running them through some kind of application in order to verify, count, review or otherwise manage the entries. Further, running the promotion directly through Facebook …


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Subpoenas seeking identifying information and login data associated with email addresses did not violate First Amendment or privacy rights

Posted in Electronic Discovery, Information Technology, Privacy, Social Media

A federal court in California has held that subpoenas served on Google and Yahoo! seeking the subscriber and usage information associated with 68 email addresses did not infringe on the subscribers’ First Amendment rights or their right to privacy. Chevron Corp v. Donziger, No. 12-mc-80237 (N.D. Cal. Aug. 22, 2013). The subpoenas also did not violate the Stored Communications Act (SCA). According to the court, the subscribers “vastly overestimate[d] the amount of legal protection accorded to the subscriber and usage information associated with their email addresses.” Chevron, slip op. at 32.

The court reasoned that:

Although the [subscribers] may believe that using their email addresses will protect their identities, that belief is simply not reflected by the reality of the world we live in. Email addresses are labels we voluntarily present to the outside world, through which we allow the world to contact us, and in that way identify us.

Id. at 14.

The court’s decision is a reminder of how much information is being collected and stored electronically about a subscriber each time that person establishes and logs into an internet account — whether that account is webmail, a social media site or a customer profile — and how that information may become discoverable and accessed years later during litigation. It also shows how valuable metadata can be not only to internet marketers and service providers but also to litigants.…


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Court finds non-public facebook posts are covered by the stored communications act — but not posts produced by a user’s frenemy

Posted in Other Articles, Social Media

As long as there has been Facebook, attorneys have been scratching their heads asking whether Facebook posts fall under the purview of the Federal Stored Communications Act (“SCA”).  In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (WJM) (D.N.J. Aug 20, 2013) the District Court for the State of New Jersey gave us its opinion by holding that non-public Facebook posts, which are configured to be private are indeed covered under the SCA because they are:

  •  electronic communications;
  • transmitted via an electronic communication service;
  • in electronic storage; and
  • not accessible to the general public.

Even though the posts were covered under the SCA, the court went on to find that the “authorized user” exception — one of two exceptions to the SCA — applied and held there was no violation of the SCA, or of Facebook user’s privacy, when the Facebook posts were accessed.  Here’s how the case played out in more detail.…


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Court denies employer’s access to social media posts in FLSA collective action and sends warning: If you want access to social media, come with both barrels loaded … leave the water gun at home

Posted in Electronic Discovery, Information Technology, Privacy, Social Media

A federal court has denied a defendant-employer’s request that plaintiffs sift through and turn over all their social media posts made during their work hours in an FLSA collective action in which the plaintiffs claim their employer failed to give them meal breaks. How did that happen? I thought you’d never ask.

By way of background, Jewell v. Aaron’s Inc., is a nationwide,1,700+ FLSA collective action pending in the Northern District of Georgia. In the suit (Complaint accessible here), the class plaintiffs (current and former employees of Aaron’s) claim they were not paid for their 30-minute meal periods. As you might imagine, with that many plaintiffs discovery has been difficult. So with that, the parties got creative. They were able to work together to narrow the issues and determined that of the 1,700+ class members, discovery would only be served and responded to by 87 of the opt-in plaintiffs (the “Discovery Plaintiffs”). I won’t go into all the details about that discovery (you may read the Defendant’s Memorandum in Support of Motion for Court Approval of Discovery Request to a Small Number of Randomly-Selected Opt-In Plaintiffs here), because I want to focus on the social media portion of the discovery dispute.

Specifically, in one request for production, Aaron’s asked the Discovery Plaintiffs to produce:

“All documents, statements, or any activity available that you posted on any internet Web site or Web page, including, but not limited to Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the …


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Ohio federal court permits case alleging employer’s accessing of former employee’s personal emails to proceed

Posted in Information Technology, Privacy, Social Media

When we think about the issues that employers have been struggling with relating to employee use of personal mobile devices for work, thoughts of data security, trade secret protection, record retention, and even FLSA compliance immediately come to mind — or at least my mind. But, I bet you wouldn’t anticipate what allegedly happened in Lazette v. Kulmatycki, a case decided by the federal court in the Northern District of Ohio on June 5, 2013. In Lazette, the plaintiff alleged that, after plaintiff left her employment, she returned her company-issued BlackBerry (which she used and refers to in her complaint as her “phone”), but did not have the phone wiped. The phone apparently ended up in the clutches of her former supervisor, who, during the ensuing 18 months, allegedly read without her knowledge or authorization 48,000 emails sent to her personal Gmail account. In addition, the plaintiff alleged that the supervisor disclosed the contents of some of the emails to others.

Apparently among the contents of the accessed emails were communications about the plaintiff’s family, career, financials, health and other personal matters. Amazingly, according to the decision, the plaintiff’s former employer, who also was sued, admitted that the supervisor was acting within the scope of his employment and in furtherance of the employer’s interests when he accessed plaintiff’s personal emails. The plaintiff filed a complaint raising five claims:…


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SEC updates: Staying ahead of the regulatory curve

Posted in Porter Wright News, Social Media

Our colleagues on the Federal Securities Law Blog have been tracking new and updated SEC regulations that are likely to have an impact on your business now and in the near future. The compilation of articles in their most recent eBook — SEC Updates: Staying Ahead of the Regulatory Curve — discuss three important SEC regulatory changes: whether companies that use social media to communicate with investors are complying with Regulation Fair Disclosure, compensation committee rules, and conflict minerals reporting.

Download the SEC Updates: Staying Ahead of the Regulatory Curve eBook.…


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Facebook introduces Instagram video that promises new social media headaches for corporations

Posted in Social Media

Recently our sister blog The Employer Law Report told you about Vine, a mobile video application owned by Twitter that allows users to capture and share short looping six-second videos on Twitter. The app will no doubt cause corporations more social media headaches as employees start recording Vine workplace videos — especially with 13 million users since the app was rolled out five months ago.

Now, Facebook has followed suit and introduced its own short-video service that is built into Instagram, the photo-sharing app that Facebook acquired last year. (Facebook also rolled out support for hashtags, which were pioneered by and are a staple of Twitter.)…


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Court uses “Traditional Relevance Analysis” to order production of plaintiff-employee’s social media postings on emotional distress and alternative potential stressors

Posted in Electronic Discovery, Information Technology, Social Media

In an ADA employment discrimination case, a federal court recently denied a defendant’s request to compel the plaintiff to provide authorizations for all of her social media accounts, but still ordered the production of any social media postings relevant to the plaintiff’s claimed emotional distress damages. See Giacchetto-v-Patchogue-MedfordUnion, No. CV 11-6323 (E.D.N.Y. May 6, 2013). The court followed the approach taken in Howell v. Buckeye Ranch, Inc., No. 11-CV-1014 (S.D. Ohio Oct. 2012), and applied a “traditional relevance analysis,” stating “[t]he fact that Defendant is seeking social networking information as opposed to traditional discovery materials does not change the Court’s analysis.” Giacchetto, slip op. at 3.

In reaching its result, the court rejected the approach taken by some federal courts that the private section of a Facebook account is discoverable only if the party seeking the information can make a threshold evidentiary showing that a plaintiff’s public Facebook profile contains information that undermines her claims. According to the court, this approach can be too broad because “a plaintiff should not be required to turn over the private section of his or her Facebook profile (which may or may not contain relevant information) merely because the public section undermines the plaintiff’s claims.” Id. at 3 n. 1. This approach also can be too narrow because “a plaintiff should be required to review the private section and produce any relevant information, regardless of what is reflected in the public section.” Id. “The Federal Rules of Civil Procedure do not require a …


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Porter Wright announces four-part seminar series on trending technology, privacy and security issues

Posted in Data Breach Notification, Information Technology, Privacy, Social Media

On June 19, Porter Wright launches its four-part seminar series covering technology topics at the forefront of today’s businesses. Technology Law Source will continue to cover these topics in future blog posts, including navigating through U.S. and international laws, regulations and standards.

The seminar series comprises:

Social Media in the Law: Learn It and Use It, or Get Out of the Way
June 19
Social media has forever altered how we share and collect information about friends and colleagues as well as people outside our professional or personal circles. And this sea change hasn’t applied solely to our personal lives — businesses have been in the mix almost since day one. But have business leaders considered the ramifications of their companies’ social media activity? Porter Wright attorneys Sara Jodka, Colleen Marshall, and Erin Siegfried discuss workplace social media policies that conform with recent NLRB decisions, conducting legally sound social media background checks, termination based on social media activity, ownership of social media content, duty to preserve, and the potential dangers of conducting fair disclosure through social media.…


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Benchbook for U.S. District Court judges adds new section on e-discovery and jury instructions for jurors’ use of social media and electronic devices

Posted in Electronic Discovery, Information Technology, Social Media

The Federal Judicial Center recently published the Sixth Edition of the Benchbook for U.S. District Court Judges. For the first time, the Benchbook includes a section on civil case management, including how to address e-discovery issues. The Benchbook also adds new jury instructions regarding the use of social media and electronic devices by jurors during trials.

The updated Benchbook reflects the impact that technology and e-discovery are having on pretrial litigation and trials. Although the current draft amendments to the Federal Rules of Civil Procedure are still a ways off from being approved, the Benchbook has included recommendations for addressing e-discovery issues which incorporate key concepts found in those draft amendments as well as in existing local federal court initiatives.…


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Facebook Posts Not “Solicitation” Under Former Employee’s Restrictive Covenant Agreement

Posted in Social Media

Describing it as a “rather novel issue,” a federal court recently held that a former employee’s public posts on his personal Facebook page did not constitute solicitation of his former co-workers under the terms of his non-solicitation agreement with his former employer. [See Pre-Paid Legal Services, Inc. v. Cahill, No. 12-CV-346, Doc. 31 (Jan. 22, 2013), Report and Recommendation affirmed and adopted, Doc. 32 (Feb. 12, 2013)] The court further noted that invitations sent to former co-workers to join Twitter were not solicitations under the agreement because the invitations did not request the co-workers to “follow” the former employee, they did not contain any information about the new employer, and they were sent by Twitter instead of as targeted email blasts by the former employee.

Though the court found that the former employee’s social networking activities did not constitute solicitation under his agreement, it did enter a preliminary injunction against the former employee based on his direct solicitation of one of his former co-workers through a private in-person meeting and follow up text messages sent to the co-worker. The court entered the injunction until the issues could be presented to an arbitrator pursuant to the parties’ arbitration agreement.…


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Social media privacy makes its way to Capitol Hill

Posted in Social Media

Editors’ Note: Colleen Marshall, a Senior Attorney in Porter Wright’s Litigation Department, is also a widely-recognized, award-winning news anchor for Columbus’ NBC-affiliate, WCMH – 4. In a detailed interview with Porter Wright’s Sara Jodka last week, Colleen reports on the use of social media by employers: “You Can’t Delete Your Way Out Of Social Media.”

As noted in a recent blog post and in the news report mentioned above, 21 states have social media privacy legislation pending. But, social media privacy could soon be governed by an act of Congress.

Representative Elliot Engel (D-N.Y.) just introduced H. R. 537, the “Social Networking Online Protection Act” that he says will protect both employees and job applicants from employer efforts to obtain passwords to private social media accounts. Unlike most laws currently being considered on the state level, Engel’s bill would also protect passwords to email accounts. The bill is currently in the House Committee on Education and the Workforce, and makes a critical distinction between private accounts and social networking accounts owned by employers but maintained by employees in the course of employment.

Ohio Senate Bill 45, the Social Media Privacy Protection Act, is the most recent state effort to prohibit employers from gaining access to private electronic accounts, such as Facebook. Ohio 15th District Senator Charleta Tavares (D-Columbus) introduced the bill in an effort to prohibit employers, employment agencies, personnel placement services, and labor organizations from requiring an applicant or existing employee to surrender their personal …


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Why you can’t delete your way out of your social media mess

Posted in Social Media

Naked pictures? Drunken celebrations? Sexist comments? A click of a button and all evidence of your “Weekend at Bernie’s” can disappear. Job seekers know to scrub clean their Facebook pages before they connect with potential employers, to remove all trace of their off-color on-line life. But here in Ohio you can’t delete your way out of the mess you created through social media. Employers can legally ask employees and recruits to surrender their social media passwords, and thanks to Facebook’s newly expanded access program, the result is a stunningly deep portal into private messages, deleted posts, photographs and everything you ever posted on your Facebook wall.

Where does an employer’s right to screen applicants and monitor employee behavior end and personal privacy begin? It’s a murky line drawn so far by only six states — and Ohio isn’t one of them. After failing to win support for Senate Bill 351 in 2012, Ohio Senator Charleta Tavares will this month reintroduce her proposal to make it illegal for an employer to require an employee or potential employee to surrender their social media passwords. Tavares argues that employers should not be able to access personal thoughts and messages that employees never intended to be broadly distributed.

Tavares’ legislation would not restrict employers from inspecting the social media that is readily available to an applicant’s network of friends, and can legitimately help employers determine if a prospective employee would be a good organizational fit. Employers, for example, could still inspect your Facebook page, …


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Discovery of Social Media Information is Subject to Same Rules as Paper Discovery

Posted in Electronic Discovery, Social Media

In a recent decision, a court in the Southern District of Ohio denied a motion to compel the plaintiff in an employment discrimination action to give the defendants her user names and passwords for each of the social media sites she uses. In Howell v. The Buckeye Ranch, Case No. 2:11-cv-1014 (S. D. Ohio Oct. 1, 2012), the court said “[t]he fact that the information defendants seek is an electronic file as opposed to a file cabinet does not give them the right to rummage through the entire file. The same rules that govern the discovery of information in hard copy documents apply to electronic files.” Applying this reasoning, the court held that the defendants’ discovery request was overbroad because turning over the plaintiff’s user names and passwords would give them access to “all the information in the private sections of her social media accounts—relevant and irrelevant alike.”

Although the court denied the motion to compel, it did find that relevant information in the private section of a social media account is discoverable, and that this information is not privileged or protected from discovery by a common law right of privacy. Moreover, the court stated that the plaintiff had a continuing duty to preserve all the information in her social media accounts and that the plaintiff’s counsel should advise defendants’ counsel if any information in the private sections of the accounts had been deleted since discovery was served.…


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First NLRB Decision on Employer Social Media Policies

Posted in Social Media

In a recent decision,Costco Wholesale Corporation (NLRB Case No. 34-CA-012421), the National Labor Relations Board (NLRB) considered a social media policy for the first time. The NLRB invalidated portions of Costco’s policies and in doing so signaled that it will probably track closely with the General Counsel’s guidance when reviewing social media policies.  Mike Underwood, a Partner in our Labor & Employment Practice, and frequent contributor to the Employer Law Report blog,has a post focused on this development


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Data Protection in Social Networks

Posted in Privacy, Social Media

 In a statement published on December 8, 2011, the Association of German Data Protection Agencies known as the “Duesseldorfer Kreis,” (“DK”) issued an opinion summarizing the minimum compliance criteria for operators of social networks in Germany:

  • Transparent privacy policy and informed consent are essential for protecting the right to data privacy
  • Opt-out solutions are insufficient, all privacy settings must be on the basis of opt-in selections
  • Users must have simple access to their stored personal data
  • Facial recognition features require express, confirmed consent
  • No tracking profiles without the informed consent of the user
  • Obligation to delete data after the termination of the membership
  • Social plug-ins on the websites of German operators are not compliant with data protection laws unless they are covered by informed consent and provide the opportunity for the user to prevent the data transfer
  • Social networks must protect user data through implementation of suitable privacy controls; operators must be able to demonstrate that such measures were taken
  • Minors require particular protection and information regarding the processing of personal data must be easily comprehensible to them
  • Social networks located outside the EEA must nominate an agent in Germany who serves as the contact person for the DPAs

The opinion, however, is not limited to this rather generic list of minimum requirements. Instead, it takes the opportunity to address two of the most pressing issues which have dominated the discussion of social networks and their commitment to data privacy over the past several months.…


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ISSA Social Media Summit – Social Media and Legal Risk

Posted in Social Media

Porter Wright attorney Justin Root will present “Social Media and Legal Risk” as part of the Information Systems Security Association (ISSA) Columbus Chapter’s Social Media Summit on October 19, 2011 in Worthington, Ohio. More information is available at http://centralohioissa.org/. ISSA is a not-for-profit, international organization of information security professionals and practitioners. It provides educational forums, publications, and peer interaction opportunities that enhance the knowledge, skill, and professional growth of its members.…


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