Facebook

Each year, GJEL serves hundreds of clients who have been injured in roadway accidents around California. Our attorneys work hard to help them repair their bodies and lives, but can only do so much after the fact. The work we do is to correct damage done, but there are plenty of admirable organizations that strive…

If you work in an office, the chances are that you’ve used social media at work before. Hopefully, you keep personal use of social media communities like Facebook and Twitter to a minimum during work hours. New reports have found that more than half of employers in the United States view social media use as so harmful to productivity that they’ve banned it altogether. Companies that have not taken this drastic step, however, have run in to a variety of problems related to social media use, which has led to embarrassment, terminations, and even costly lawsuits.

Over the past five years, Facebook has evolved from a scrappy web upstart to a worldwide phenomenon with more than 500 million members. Even outside the social sphere, Facebook has also become a force in professional communities, and was the subject of the year’s most engaging film, The Social Network. But when it comes to law, the jury is still out on Facebook, as state courts continue to debate whether information gathered on Facebook should be admissible during the discovery process leading up to a legal showdown.

There are two sides to the debate about whether state bar associations should enforce stricter regulations on attorney advertising. First, there’s the question of whether the courts should regulate what attorneys can say in print ads. At the center of this debate is the use of nick names, and client testimonials. On the other side, attorneys have been debating whether attorney social media use amounts to advertising and should therefore warrant special regulations. For both of these debates, authorities have recently issued encouraging decisions that indicate a less restrictive view toward advertising and social media.

Thanks to the ever-changing role of the Internet in public and private life, the role of eDiscovery is constantly evolving. Adding weight to this, a New York judge recently ordered personal injury plaintiff Kathleen Romano to turn over information from her Facebook and MySpace pages, arguing that they could shed some light on whether she was, in fact, subject to emotional distress following her fall from a desk chair back in 2003. Keeping the Facebook information private, Justice Jeffrey Arlen Spinner ruled, “not only would go against the liberal discovery policies of New York favoring pretrial disclosure, but would condone Plaintiff’s attempt to hide relevant information behind self-regulated privacy settings.”

I just sat in on Avvo’s webinar on “Ethical Issues in Online Advertising and Social Media” and wanted to share some thoughts. I’ve recently been fascinated by the intersection of communication and advertising, which has become increasingly interesting with the rise of social media and online marketing. Here on the GJEL blog, for example, we write about developments in distracted driving legislation, teen drivers, and other issues related to consumer safety because we have a deep interest and want a better market for consumers.