Catherine Foti, Social Media for Attorneys: Good Business or Ethical Minefield?

Author warns New York lawyers using social media that: –          attorney advertising and solicitation rules apply to social media posts; –          attorneys must beware of “pre-defined” headings used in social media networking sites. The full text is available at: http://www.forbes…

New York State Bar Opinion 1032

Committee on Professional Ethics Topic: Responding to a former client’s critical commentary on a website   Digest of the Committee: “A lawyer may not disclose confidential client information solely to respond to a former client’s criticism of the lawyer posted on a lawyer-rating website.” New York Rules of Professional Conduct: 1.6(a); 1.6(b); 1.9(c) The full […]

New York court authorizes service of process via Facebook

Noel B. v. Anna Maria A., Docket No. F-00787-13/14B (N.Y. Fam. Ct. Sept. 12, 2014) After Petitioner’s effort to serve action to Respondent’s physical address failed, a New York family court Judge authorized substituted service of process via Facebook social networking service. According to the decision, Petitioner was unable to serve an action seeking to […]

Pennsylvania Bar Association Formal Opinion 2014-300

The Pennsylvania Bar Association issued a formal opinion on attorneys’ use of social media. The opinion deals with the following issues: (1) whether attorneys may advise clients about the content of the clients’ social networking websites; (2) whether attorneys may connect with a client or former client on a social networking website; (3) whether attorneys […]

Ethical use of social media presentation on September 23

On Tuesday, September 23, 2014 at 12:30PM in NYC, at LFS (11 Broadway, Conference Room A) Nathan M. Crystal will speak about ethical use of social media, discussing in particular the recent NYSBA’s recent guidelines on the ethical use of social media. Topics covered will include: Guidelines regarding social media and attorney advertising Restrictions on providing legal advice through […]

A federal court’s discovery order contains interesting points on production regarding social media and material possibly covered by foreign privacy

In Melian Labs Inc. v. Triology LLC, case number 4:2013cv04791, a trademark infringement action, plaintiff objected to defendant’s non responsive responses to some of its requests for production. The order of the court (NDCA) is interesting (at least) under two perspectives. First, the order is interesting for the part in which it deals with the […]

Facebook account reactivation ordered even if moving party did not show prima facia likelihood of significant evidence – Chapman v. Hiland Operating, LLC, 2014 U.S. Dist. LEXIS 74248

In this case Defendants filed a Motion to Compel Plaintiff to Respond to Defendant’s Discovery Requests. Defendant had requested Plaintiff to produce information from her Facebook account. Plaintiffs resisted the motion, arguing that “her Facebook account is unlikely to include relevant information, because, as she stated in her deposition, she rarely used the account, and when […]