Thursday, March 14, 2013

Week in Review

It turns out that Facebook can be used for more than just reconnecting with old friends and getting employees in trouble (though there is still plenty of that going on). Now, depending on who you are and where you live, you might be vulnerable to legal service via Facebook. A New York federal court recently ruled that the FTC may serve defendants in India using both email and Facebook. It reasoned that such service was proper under the Federal Rules of Civil Procedure and the Hague Service Convention. Similarly, Texas lawmakers are considering a bill that would allow for service via social media if the defendant regularly accesses his or her profile page and actual notice can reasonably be expected.

Facebook is also a useful tool in the discovery phase of investigations, and not even the EEOC can hide from such requests. Last week, the EEOC was sanctioned by a Colorado district court sanctioned for failing to turn over social media login information. The EEOC was ordered by the court to turn over the information last November and now must pay the attorneys' fees associated with its failure to do so.

Technology and the Workplace
Connecticut Proposes Legislation Concerning Employee Passwords (Mondaq)
EEOC Sanctioned for Failure to Produce Social-Media Evidence (DE Employment Law Blog)
Prison Guard Who Made Facebook Threat to OH Governor Gets Job Back (Dayton Daily News)
Rain Tree Supporter Fired Over YouTube Video (Sun Sentinel)
NY Teacher Fired After Caught Sending Racy Hookup Emails From School Account (NY Post)

Technology and the Law
FTC Can Serve Foreign Defendants via Facebook, Federal Judge Rules (ABA Journal) (Reuters)
Proposed TX Legislation Would Allow Defendants to be Served on Facebook (WSJ)
You May Now Kiss the Computer Screen: Internet Marriages on the Rise (NY Times) (ABA Journal)
Gone House Hunting Online? Revived Patent Lawsuit Says You're a "Joint Infringer" (ARS Technica)
Domestic Abuse Law Applies to Online Relationships, MA High Court Says (ABA Journal) (Boston Globe)

There's an App for That
Improving Smartphone Battery Life With Apps (All Things Digital)
Breathometer Introduces Smartphone Breathalyzer (LA Times) (Mashable)
New Netflix Facebook App Lets Users Share Viewing History (CNN)
AAA Says Smartphone May Soon Replace Traditional Car Keys (LA Times)
WebMD Launches Personalized Pregnancy App (Mashable)

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