Gibbons Law Alert

Gibbons Law Alert

Tagged: Twitter

“Did I Just Get a Tweet From Goldman Sachs?!?”: Increased Expansion and Scrutiny of Social Media in the Financial Services Industry

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Posted in Corporate Information and Records Management Policies

On August 7, 2012

With the increased use of social media by financial services industry participants, more activity and scrutiny can be expected from financial regulators. This is not to mention the litigation from investors that could arise out of, for example, the misinterpreted or well-meaning post from an advisor that simply did not translate to “less than 140 characters.” It appears that there is a trend (amongst at least the larger financial institutions) that a united and pre-approved voice is best for now.

Motion to Quash Part II: Twitter Seeks to Quash Subpoena Seeking Tweets in Harris Case

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Posted in E-Discovery: Legal Decisions and Court Rules

On June 7, 2012

A few weeks ago, we reported on the recent decision of the People of the State of New York v. Harris, Index No. 080152/2011, (Crim. Ct. Apr. 20, 2012). There, the Court denied defendant Malcolm Harris’s motion to quash the District Attorney’s subpoena requiring the production of defendant’s user information, email addresses, as well as any Tweets posted for a four-month period from Twitter, Inc., all in connection with criminal charges pending against Mr. Harris due to his alleged involvement in an Occupy Wall Street protest. You can read our most recent blog post on this case from May 23. Twitter subsequently moved to quash the Court’s order on May 7, 2012, on the basis that the order imposes an undue burden upon it pursuant to Section 2703(d) of the Stored Communications Act (18 U.S.C. §§ 2701-2711) (the “SCA”), which provides that “[a] court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if. . . compliance with such order otherwise would cause an undue burden on such provider.” Twitter argues that compliance with the Court’s order compelling the production of defendant’s Twitter user information imposes an undue burden for at least three reasons.

Your Tweets May Be Held Against You in a Court of Law – #tweetsdiscoverable

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Posted in E-Discovery: Legal Decisions and Court Rules

On May 23, 2012

In a recent case before the Criminal Court of the State of New York, the prosecution served a subpoena duces tecum on Twitter, Inc., seeking user information including the e-mail address and Tweets for a two-month period under the Twitter account, @destructuremal, which was believed to be that of the defendant Malcolm Harris. The People of the State of New York v. Harris, Index No. 080152/2011, (Crim. Ct. Apr. 20, 2012). Mr. Harris had been charged with disorderly conduct after allegedly marching on to the roadway of the Brooklyn Bridge during an Occupy Wall Street protest. The prosecution sought to refute Mr. Harris’s expected defense that the police led him into stepping on to the roadway of the Brooklyn Bridge, by examining his contradictory, contemporaneous Tweets.

New Jersey Legislative Update: New Laws Could Limit Employer’s Use of Credit Reports and Social Networking Information

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Posted in Policies and Handbooks

On May 22, 2012

If passed into law, two bills currently pending before the New Jersey General Assembly will place significant limitations on the categories of information that New Jersey employers may use and rely upon in connection with the hiring, promotion, and termination of employees. Credit Reports & Related Information – Bill A2840, introduced in the Assembly on May 10, 2012, proposes legislation that would prohibit an employer from obtaining, requiring or otherwise basing employment decisions, such as hiring, promotion, and discipline on reports containing information about an applicant’s or current employee’s credit history, credit score, credit account balances, payment history, and savings or checking account balances or numbers.

FINRA Issues Regulatory Notice 11-39: Social Media Websites and the Use of Personal Devices for Business Communications

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Posted in Corporate Information and Records Management Policies

On September 21, 2011

In August 2011, FINRA, the self-regulatory agency of the securities industry, issued Regulatory Notice 11-39, offering additional guidance concerning the use of social media and supplementing its first notice on the subject–Regulatory Notice 10-06, issued in January 2010. Notice 11-39 focuses on issues relating to FINRA members’ use of social media, including record-keeping, supervision and responding to third-party posts and links. The Notice includes 14 “Q&As,” which provide instruction on the practical application of a firm’s and “associated person’s” (i.e., FINRA members) obligations under applicable laws and regulations when it comes to social media. With respect to record-keeping requirements, social media websites raise new complications because member firms do not themselves typically sponsor or host the content on those websites. The Notice, however, clarifies that record retention requirements continue to apply to content on social media sites and that the controlling question is whether the communications on those sites relate to the firm’s “business as such.” Any business communication made via Facebook, for example, must be “retained, retrievable and supervised.”

Notes From the E-gallery: Live texts, tweets and postings by courtroom observers present new challenges

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Posted in E-Discovery: Legal Decisions and Court Rules

On June 20, 2011

Courts frequently grapple with questions raised by the use of social media in the legal process. From the admissibility of social media to limitations on its use by jurors, courts are continuing to develop new tools and best practices to ensure the outcome of a case is not impacted by social media sites. While the issues raised by new social media technologies have primarily concerned those actually involved in a trial (i.e., the parties, their counsel, and members of the jury), that is beginning to change. Outside observers and news reporters are utilizing social media to report on trial happenings, sometimes in real-time.

Courts Rely Upon Jury Instructions to Discourage Juror Use of Social Media and Electronic Devices

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Posted in E-Discovery: Legal Decisions and Court Rules / Litigation Preparedness and Strategies

On April 4, 2011

The explosion of social media and the universal availability of electronic devices have presented a host of courtroom issues the judicial system must address, ranging from substantive legal questions like the admissibility of Facebook accounts and Twitter postings, to more ministerial issues such as the extent to which electronic devices may be utilized by counsel in the courtroom. While different courts have reached varied conclusions on these questions, courts have uniformly rejected any attempt by jurors to use technology to research a case or to post information about a case to social media sites, and increasingly use pre-trial and post-closing jury instructions.

New York’s Appellate Division Finds Facebook Accounts Off-Limits When Discovery Demands are Non-Specific

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Posted in E-Discovery: Legal Decisions and Court Rules

On January 31, 2011

In McCann v. Harleysville Insurance Co. of New York, 910 N.Y.S.2d 614, 2010 N.Y. App. Div. LEXIS 8396 (N.Y. App. Div. Nov. 12, 2010), New York’s Appellate Division, Fourth Department affirmed the trial court’s refusal to compel Plaintiff to produce information regarding or provide access to her Facebook account. Plaintiff was injured in an auto accident with one of Harleysville’s insured. She filed a personal injury suit against the insured, which resulted in a settlement. Plaintiff thereafter commenced a new action directly against Harleysville for certain uninsured/underinsured auto insurance benefits.

Accessing an Adversary’s Public Social Networking Information — N.Y. Professional Ethics Opinion 843

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Posted in Litigation Preparedness and Strategies

On October 25, 2010

Facebook, Twitter, LinkedIn and MySpace are among the top social media websites that have culturally transformed electronic communications and social interactions. Inevitably, these platforms have also affected litigation practice and present myriad ethical dilemmas. One such dilemma is whether an attorney can access an adverse party’s social networking website to obtain information about the party, including impeachment material.

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