Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Internet LawFeaturesInternet Law & StrategySocial MediaTechnology Media and Telecom

Protecting Your Clients from Their Own Social Media

By Ben Rubinowitz and Evan Torgan

Before the advent of social media, the most feared type of surveillance was the video tape. Defense lawyers and insurance companies routinely spent tens of thousands of dollars in the hopes of landing a 30-second video showing the plaintiff engaged in an activity that he could not possibly do if he was as badly injured as he claimed. Stories are legend in which the injured plaintiff was videotaped changing a tire, running, skiing, walking with ease up and down stairs or shoveling snow. While each of these activities had the potential to severely damage the plaintiff's claims, it was a given that the videotaped footage would depict the plaintiff outside of his home. Indeed, it was “off limits” for the videographer to surreptitiously tape inside the plaintiff's home. But with the advent of social media, the boundary of the front door is a thing of the past. Now, with little more than the click of a mouse, insurance companies and defense attorneys have a window “inside the home” and into the life of the plaintiff unlike anything seen before. What was once “off limits” is now readily available and created by the most unlikely of partners: the plaintiff, his friends and family.

Platforms such as Facebook, Instagram, LinkedIn, Twitter, or YouTube may contain photographs, videos, or statements posted by your client or others that have the potential to harm their case. Whether it is a photograph from a trip or simply the daily minutiae of life, social media postings can be a wealth of information for your adversary. Trial attorneys and litigants must fully appreciate the potential impact of social media on a case. Postings of comments or photographs become part of the permanent record on the Internet. There is no such thing as deleting a post or erasing the past. Because of the potentially adverse consequences, trial lawyers are now duty bound to run a thorough social media search of their clients, adversaries, and witnesses in every case. To the extent an attorney fails to conduct such a search, not only will she be at a severe disadvantage in the case but her competence as a trial lawyer can be called into question.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.