Blog Archives

Steve Martin the Juror – New Federal Jury Instructions on Social Media

By Hayes Hunt and Brian Kint Actor Steve Martin, while on jury duty, tweeted the following to 380,000 fans:  “REPORT FROM JURY DUTY: defendant looks like a murderer. GUILTY. Waiting for opening remarks.”  A few hours later, Martin added, “REPORT

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Posted in Trial

Is “Liking” a Political Candidate on Facebook Free Speech?

By Hayes Hunt and Jillian Thornton The amount of political rhetoric on Facebook is staggering.  People are using Facebook to give you a “play-by-play” of what they think about the November presidential election.  Facebook has recently filed a brief in

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Posted in Social Media & Law

Facebook “Friends”, 4th Amendment Privacy & Probable Cause

By: Hayes Hunt and Brian Kint A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook

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Posted in Social Media & Law

Facebook And Twitter Subpoenas, Privacy And The Law

By Hayes Hunt and Jillian Thornton 955 million people are Facebook users and there are 500 million Twitter users worldwide.  With these staggering numbers, social media is a goldmine or minefield for lawyers seeking information.  What happens when a lawyer

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Posted in Social Media & Law

Uses of Social Media for Corporate Counsel – Investigating & Defending Claims

by: Hayes Hunt and Jonathan A. Cavalier By now, most litigators have bumped up against at least one or two social media issues in their practices. Social media has become a hot-button discovery issue and a potential source of valuable

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Posted in Social Media & Law

Social Media – Screening at Work and Job Interview

by: Hayes Hunt and Jonathan R. Cavalier Companies now frequently use social media to vet applicants, with some even going so far as to force applicants to permit company employees to access their various social media sites. With Facebook expected

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Posted in Social Media & Law

Juror Misconduct & Criminal Contempt. In California, Tweet and Go to Jail

In an effort to deal with the ever increasing misuse of social media at trial, the California Legislature amended the criminal contempt definition to include juror misconduct as outlined below.  CA Assembly Bill 141.  Signed into law by Gov. Brown

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Posted in Prosecution & Defense

Using Social Media to Track Juror’s Online Postings

By Thomas G. Wilkinson, Jr. and Lindsey E. Wilkinson Just as lawyers now routinely conduct due diligence on opposing parties’ social media pages (see our July 20 Sidebar post), some lawyers also are monitoring postings by jurors on social media

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Posted in Trial

Using Social Media for Discovery Has Ethical Implications.

By Thomas G. Wilkinson, Jr. and Lindsey E. Wilkinson It has become common practice for lawyers to mine social media pages of parties and witnesses for discovery purposes.   But can the urge to dig up dirt on opposing parties cause lawyers

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Posted in The Practice of Law
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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