Legal Implications of Social Media Orange County Bar Association March 28, 2013

#SocialMediaLaw | #SocialMediaLaw Samir Ghia

Social Media Affects Actual Cases Smoking Gun Facebook Wall Posts & Profile Pictures Privacy Settings and the Right to Privacy Impact of Third Party Social Media | #SocialMediaLaw

Mom Hires Hit Man on Facebook London Eley posted on her Facebook wall: I will pay somebody a stack to kill my baby father Timothy Bynum responded: say nomore wat he look like nd where he be | #SocialMediaLaw

McMillen v. Hummingbird Speedway (Pa. 2010) Plaintiff seriously injured after he was rear-ended following a stock car race Plaintiff Claimed: Permanent impairment, loss of general health, loss of enjoyment of life Defendant served requests for Plaintiff’s Social Media Login | #SocialMediaLaw Plaintiff objected on the grounds of confidentiality and privilege

McMillen v. Hummingbird Speedway (Pa. 2010) Public portion of Plaintiff’s Facebook revealed comments about his fishing trip and attendance at a later stock car race Defendants successfully moved to compel Plaintiff to Turn Over Login Information as Facebook evidence was relevant to sufficiency of damages | #SocialMediaLaw Litigants should utilize “all rational means for ascertaining the truth”

Barnes v. Coyote | #SocialMediaLaw

Barnes v. Coyote | #SocialMediaLaw

Barnes v. Coyote Ugly Plaintiff sued for injuries after falling and striking her head at the bar. Defendant served plaintiff’s Facebook “friends” with a subpoena to obtain social media activity near the time of the | #SocialMediaLaw

Romano v. Steelcase, Inc. (NY 2010) Plaintiff Sued for Personal Injuries Plaintiff claimed: Loss of enjoyment of life and could no longer leave her house But what did her Facebook profile picture reveal…. A Photograph of Plaintiff Smiling Outside Her | #SocialMediaLaw Objected to Facebook discovery based on her 4th amendment “right to privacy”

Romano v. Steelcase, Inc. (NY 2010) When plaintiff created her Facebook and MySpace accounts, she consented to the fact that her personal information would be shared with others, notwithstanding her privacy settings. Indeed, that is the very nature and purpose of these social networking sites, else they would cease to exist. Since plaintiff knew that her information may become publicly available, she cannot now claim that she had a reasonable expectation of | #SocialMediaLaw Court Analyzed Her Expectation of Privacy: 1. Did Plaintiff Have Subjective (personal) Expectation of Privacy? 2. Did Plaintiff Have a Reasonable (society) Expectation of Privacy?

Rhode Island v. Lipton Lipton charged in a drunk driving accident with serious injuries Attended a party two weeks later Unremorseful & Depraved Received Maximum Sentence Anything You Say on Social Media…

Ethan Wall, Esq. Social Media Law & Order Ethan Wall concentrates in internet, intellectual property, and social media law at Richman Greer, P.A. in Miami. Recognized by Chambers as an “Associate to Watch,” a “Florida Rising Star” by Florida Super Lawyers’ Magazine, and as one of Florida’s “Top Up & Comers” by Florida Trend Magazine, Ethan frequently presents and publishes articles on the effect of social networking and the internet on the law. Ethan co-authored the Social Media Guide for Lawyers, a practical guide on how lawyers and law firms can use social media to effectively, ethically, and responsibly use social media to promote their practice. The Guide can be downloaded at Ethan also authors the Social Media Law and Order blog about the effect of social media on the law at