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Litigation Strategies Social Media

Weintraub Tobin

(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

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In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more

Association of Certified E-Discovery...

Cracking the Code on ESI

The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more

Morgan Lewis

Second Circuit 'Shuts the Door' on Meta Pixel VPPA Claims

Morgan Lewis on

The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more

Pagefreezer

If You’ve Ever Asked Your Paralegal to Screenshot a Facebook Profile... Please Read This

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Most great attorneys didn’t get where they are alone. While the best attorneys are no doubt talented and deserving, most of them become so because they have a strong support network, hard at work in the background. And...more

Vondran Legal

Being Pursued by Backgrid USA for Photo Infringement?

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According to the lawsuit referenced above filed against Twitter in 2022: Backgrid is the world's premier celebrity-related photograph agency and provides highly sought-after images of celebrities around the world to top...more

Vondran Legal

Overview of the DMCA subpoena – UNMASKING what you need to know!

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Sometimes you want to know the identity of an infringer but you don't know it due to the use of a fake handle name or social media account name. In these circumstances, you may need to serve a "DMCA subpoena" on a social...more

Pullman & Comley, LLC

The Go-to Guide for Social Media Use During Divorce

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In today’s hyper-connected world, social media is an integral part of many people’s daily life — so much so that we often take it for granted. It’s where we share milestones, vent frustrations, and document even the most...more

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

Troutman Pepper Locke on

The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

IMS Legal Strategies

Does Attorney Gender Affect Trial Outcomes?

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In March 2025, UN Women—a United Nations agency that studies and tracks issues of gender equality around the world—indicated that in 2024, “almost one quarter of countries reported … backlash on gender equality.” One proposed...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

Clark Hill PLC on

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Pagefreezer

What Is a JSON File? And What Role Does It Play in eDiscovery?

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If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

What Will the Art of Jury Selection Look Like During Trump’s Second Presidency?

For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated.  Many of...more

IMS Legal Strategies

Giving Anger a Voice: Approaching Anti-Corporate Frustration Through Trial Strategy

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The assassination of UnitedHealthcare CEO Brian Thompson ignited a complex array of public reactions. Amid the standard shock and sympathy, many less orthodox responses emerged: expressions of dark humor, bitter comparisons...more

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

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These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

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On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 19-25. Here’s what’s...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

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In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

IMS Legal Strategies on

Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

IMS Legal Strategies

Adapting Trial Graphics to Jurors’ New Media Expectations

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Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...more

Pagefreezer

Dynamic ESI: eDiscovery Best Practices for Legal Professionals

Pagefreezer on

To shed light on the impact of managing of dynamic electronically stored information (ESI) on legal and compliance processes, Pagefreezer hosted a webinar featuring Mike Quartararo from ACEDS (Association of Certified...more

Pagefreezer

Mitigating Chain of Custody Risks with Digital Evidence

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If you’re an attorney, a paralegal, an investigator, a law enforcement officer, or even if you just watch a lot of legal dramas on television, you’re likely familiar with the term “chain of custody”....more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 33 - Framing the Narrative: Journalism's Influence on the Presumption of Innocence

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In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of...more

IMS Legal Strategies

Defending Against Courtroom Conspiracies Through Storytelling

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Misinformation "poses an unprecedented threat in 2024," according to NBC News. No matter which side of the many social divides someone stands on, they can find a readily available source to support their opinion—and a...more

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