Delete at Your Own Risk: Spoliation of Social Media Evidence

Spoliation is defined as “intentional alteration or destruction of a document” that could have been used as evidence in litigation.  Destroying a document in this way is abhorrent to our adversarial legal system, because it deprives the parties and the court of the information necessary to learn the truth about the issues in the case. […]

Publicity Rights and LinkedIn – The Case of Eagle v. Morgan

In Eagle v. Morgan (E.D. Penn. March 12, 2013), a banking company was found liable for infringing the publicity rights of its former CEO, Dr. Eagle.  When Eagle left her position, the company used her password to access her LinkedIn account and lock her out of it.  They then replaced her information with that of […]

Staying Out of Trouble While Playing Augmented Reality Games

Not long ago, I had the opportunity to sit down for coffee with two high-ranked players of the popular AR game “Ingress.”   If you’re not familiar with the game, it’s a massively multi-player experience  shared by people across the globe.  Players organize themselves into thousands of cells aligned with one of two factions–the “Enlightenment” […]

How Lawyers Get Their Hands on “Private” Facebook Posts

This article is excerpted from the upcoming e-treatise, Wassom on Social Media Law. It happens every day.  First, someone gets sued (or starts a lawsuit).  Then the “discovery” process of gathering information starts.  Today, one of the first places lawyers look in many types of litigation is their opponent’s Facebook page.  But that page is […]