Forensic Update

Reflections on information management within the legal and regulatory arena

What You Wish Your Lawyer Had Told You About Social Media…

Posted by Johnny Lee on December 20, 2010

Michelle Sherman, Special Counsel at Sheppard Mullin, has authored a very insightful piece on the intersection of social media and law.  In classic law-school style, she highlights many of the key evidentiary rulings related to social media via a hypothetical that could apply to virtually any employer–or employee, for that matter.

Her post, found here on the firm’s Social Media Law Update blog, is definitely worth a careful read.  She has distilled a great deal of research into a clear set of guidance for individuals and companies wrestling with their online policies and behavior, as they relate to social media.

“The setting is the week before trial and the company has been ordered by the court to attend a final settlement conference. The company Kris Kringle Inc. is suing a former employee for taking the customer list and setting up a competing business for video games. Kris Kringle is also suing for deceptive trade practices and arguing that the defendant is getting business by confusing consumers and also posting disparaging comments about its video games…”  Definitely worth a read…kudos to Michelle for a great job on this.

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