Service of Process via Twitter?

thinkstockphotos-500091191For a judgment to be entitled to full faith and credit, the defendant must be served in a way that’s reasonably calculated to give actual notice of the proceedings and an opportunity to be heard. Milliken v Meyer (1940) 311 US 457, 463. But how do you serve a defendant you can’t find? Personal service and service by mail are obviously off the table. You’re left with service by publication. Newspapers were the standard for this method, but Twitter and other social media platforms may be the modern version of the local paper. Continue reading

Snapchat as Evidence

snapchat-picSeveral years ago we told you to consider Facebook postings as evidence in legal cases. This is still true, but now there are many more social media platforms to consider. Snapchat in particular has become a fertile source of evidence not to be overlooked. Continue reading

A Photo Is Still a Photo, Even on Social Media

ThinkstockPhotos-503803495A recent case made headlines simply because it involved Instagram. Don’t be fooled by the hype—new technologies don’t always require new law. A photo is a photo regardless of where it appears, and its admissibility is based on the same law whether it’s a photo taken on a camera or one posted on the hottest new social media website. Continue reading

Protecting Digital Assets: 6 Steps to Take on Death or Incapacity

ThinkstockPhotos-174474186It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns and account statements. Things are more complicated now and a fiduciary must take several more immediate steps with regard to digital assets. Continue reading

Divorce Papers Served by Facebook: Cold or Practical?

ThinkstockPhotos-465393314Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion of one’s social media space or a practical solution to a service problem. Either way, it’s something few recipients will “Like.” Continue reading

To Tweet or Not to Tweet?

462970551As more attorneys are dipping their toes into the social media waters to network through LinkedIn and reach potential clients through Facebook, many are wondering whether they should also be using Twitter. There are definitely benefits to joining the Twittersphere. Continue reading

Should You Check a Job Applicant’s Social Media Posts?

178161035Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research job candidates, but do the other 61% have good reasons to stay away?  Continue reading

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