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We previously reported that Shutterfly’s effort to dismiss the proposed biometrics class action case against it was unsuccessful [view related post]

The proposed class action suit alleged that Shutterfly violated the Illinois Biometric Information Privacy Act because Shutterfly measured the contours of the named plaintiff’s face to create a template that it used to…

Litigating companies Google and Oracle have mutually agreed, at the strong recommendation of the presiding judge, to refrain from researching the social media accounts of a potential jury pool before and during a high stakes copyright infringement trial.

Google and Oracle have both agreed not to research the social media accounts of the potential or…

Filed under the title of creative lawyering, a putative class action case has been filed against Facebook in federal court in Northern California alleging that health care providers and medical organizations have violated HIPAA by allowing Facebook to access user data from searches on the medical providers’ websites.

The plaintiffs allege that when they visit…

The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect employees, particularly those involving sexual harassment, anti-discrimination and bullying.  These challenges are no longer limited solely to social media websites such…

The list of states that have passed social media legislation is getting longer. Early next week, Oklahoma will become the newest state to consider social media legislation (along with approximately 23 others) to prohibit employers from asking employees or applicants to provide them with their social media account passwords and from being forced to access…

When an individual signs up for a new online account, the process typically requires an agreement to the provider’s terms of service.  While service providers often have policies controlling what will happen on the death of an account holder, individuals rarely read the terms of service.  Nevertheless, the user is technically informed of these policies…

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National Security Agency. So his case can move forward, but the court did not allow him to represent other claimants in a…

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play Sports Bar and Grille v. National Labor Relations Board.

The case involved two employees and a former employee engaged in a…