For 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.
The following is a guest blog post by Jonathan Rubens, a principal at Javid Rubens LLP in San Francisco, which represents clients in business transactions and advises them on data security, privacy, trademark and copyright issues.
With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to help you safely navigate the social media minefield.
Many employers have implemented employment contracts and policies that specifically provide that the employer owns all developments, technological or otherwise, by employees during their employment. But what happens when employees have pre-employment social media accounts that they use to develop business during their employment? And what happens when an employee uses his or her pre-existing social media account to market, advertise, and/or develop business for his or her employer?
The following is a guest blog post by Tyler M. Paetkau, a partner with Hartnett, Smith & Paetkau in Redwood City. Tyler represents employers in all aspects of labor and employment law. He’s a frequent author and speaker on labor and employment law issues, and the former Chair of the Executive Committee of the Labor and Employment Law Section of the State Bar of California.
The workplace has certainly been affected by the explosion of social media. Courts and administrative agencies are grappling with complex issues involving employee personal privacy, harassment, defamation, trade secret misappropriation, and union-organizing efforts in the age of social media. Although the rules are far from clear, there is some guidance for employers out there.
The following is a guest blog post by Scott J. Corwin, founding attorney of the Los Angeles Motor Vehicle Accident Law Firm. For over 20 years, Mr. Corwin has represented more than 2,500 injured victims and has been named a Southern California SuperLawyer for eight years in a row.
These days it seems that everyone is using social media, connecting people in ways never thought possible even ten years ago. In personal injury cases, social media can cause serious damage—we’ve all heard horror stories of people receiving minor settlements after a compromising photo or post was seen on Facebook. As attorneys, we must inform our clients of these potential dangers and help them make informed decisions on the use of social media to protect the integrity of their cases.
Judges throughout the country wrestle with the legal ramifications of evolving new technology, including personal information privacy in the use of social media. A New York criminal court recently put a big hole in any privacy expectation on tweets when it upheld a subpoena duces tecum and required Twitter to provide a defendant’s tweets to the district attorney.
Social media — including Facebook and Twitter — has quickly become part of our daily lives. User generated content (UGC), including images, video, audio, and text, are uploaded everyday without thought as to whether it is protected under copyright law. But some are starting to ask questions on the limits of copyright in social media. Is a single “tweet” on Twitter entitled to protection? If not, what about a string of compiled tweets?