By Hayes Hunt and Jillian Thornton You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a…
Blog Archives
Lawyer’s Duty to Preserve Social Media Evidence
By Hayes Hunt and Jeffrey Monhait Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar Association. However, lawyers…
Tagged with: Discovery, duty to preserve, Ethics, Litigation, Social Media Law
Posted in Social Media & Law
Posted in Social Media & Law
Twitter, Evidence, Privacy and Social Media
By Hayes Hunt and Brian Kint A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash…
Tagged with: Criminal Law, Evidence, Fourth Amendment, Prosecution, Social Media Law, Trial
Posted in Criminal Law
Posted in Criminal Law
Facebook Subpoena – Trial Evidence
By Hayes Hunt and Brian Kint Obtaining information through a subpoena may be easier said than done. Third-party subpoenas to social networking sites are likely to result in an objection on the grounds that the production of private information would…
Tagged with: Facebook, Social Media, Social Media Law, stored communication act, subpoena
Posted in Trial
Posted in Trial
Social Media Evidence – Authentication
By Hayes Hunt and Brian Kint Despite the relative freedom law enforcement officials have to gather evidence, prosecutors and defense counsel alike are limited as to what information they can introduce into evidence at trial. Perhaps the biggest hurdle attorneys…
Tagged with: authentication, Evidence, Social Media, Social Media Law, Trial, Trial Practice
Posted in Trial
Posted in Trial
Prosecution’s Use of Social Media Research
By Hayes Hunt and Brian Kint All of this goes to show that the use of social media in judicial proceedings is not a one way street. Law enforcement and prosecutors are increasingly utilizing social networking sites to build their…
Tagged with: Law Enforcement, Prosecution, Rules of Professional Conduct, Social Media Law, Witness Investigation
Posted in Social Media & Law
Posted in Social Media & Law
Juror Misconduct and Social Media
By Hayes Hunt and Brian Kint The Daugerdas case also shows the importance of continuing juror investigation beyond voir dire. Monitoring jurors’ social networking sites during trial and deliberations can reveal instances of juror misconduct as well. As social networking…
Tagged with: Juror Misconduct, Jury, jury instructions, Social Media Law, Trial, Trial Practice
Posted in Trial
Posted in Trial
Trial and Social Media: Researching Potential Jurors
By Hayes Hunt and Brian Kint Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming…
Tagged with: Daugerdas, Juror Misconduct, jury selection, Social Media Law, Trial, Trial Practice, voir dire
Posted in Trial
Posted in Trial
Blogger Beware – Lawyer Blogs: Free Speech and Advertising
By Hayes Hunt and Brian Kint Lawyers and law firms are increasingly using blogs, also referred to as “blawgs” along with social media sites such as Facebook and Twitter, to build their visibility and brand. While blogs do not have…
Tagged with: blawgs, free speech, law bloggers, lawyer advertising, legal blogs, Practice of Law, Rules of Professional Conduct, Social Media Law
Posted in Ethics & Professional Conduct
Posted in Ethics & Professional Conduct
Fired for “Liking” – Social Media Use at Your Job
By Hayes Hunt and Jillian Thornton Giving your opinion on politics or complaining about the boss to your friends via Facebook is so commonplace and rampant that few people probably stop to think about the consequences of their posting. Less…
Tagged with: attorney-client privilege, Facebook, free speech, government workers, Hayes Hunt, privacy, private company, Social Media Law
Posted in Social Media & Law
Posted in Social Media & Law
