It’s all Fun & Games till Someone Calls a Lawyer

In the world of high school, burn books or “slam” books exist in a vacuum.  Teenagers gossip about each other in a vicious manner, and then the book is left behind.  Nowadays, in the social media world of permanency, burn bookshave taken on a viral quality – and have jumped from petty high school slams to workplace gossip and conduct. And in the fun, consequence-free world of social media, everything is fun and games… up until someone files a lawsuit or lodges a complaint against you.  Essentially, until someone brings in a social media lawyer to figure out what just happened.

(1) Social Media Complaint – It is Never Really Anonymous

Emory University dealt with this issue in 2008, and in April Formspring.com became a popular social media space for online gossip.  More often than not, posting an anonymous comment in an online burn book is not actually anonymous.  There are several ways to ascertain who posted the comment:  (1) if it was done through a work-owned server, it can be tracked; (2) if it was done through your phone, it can be easily tracked and it lessens the possible deniability option; and (3) if the social media or forum site wants to cooperate with a “the man,” they can easily turn over your identity.  In essence, it is never really anonymous.

(2) Workplace Issues from Social Media Gossip – Getting Fired

If someone finds out you posted gossip (true or untrue) about them on a social media website, they can complain and potentially lead to getting YOU fired.   A social media lawyer would tell you: workplace gossip should stay within the workplace (we realize it is impossible to eradicate it completely). Posting gossip about your co-worker can create a “hostile” work environment, and people have won lawsuits on less.  So if you would not make a poster of your comment and hang it in a conference room at work, then you probably should not be posting it online.

(3) Social Media Gossip – Getting Someone Else Fired

If someone is fired from their job based on gossip you posted on a social media or forum website, they may have a claim against you.  For example, if you incorrectly publish on asocial networking site or any other online space that your co-worker is sleeping with his boss, causing said co-worker to lose his job – he may have a claim against you.  And those few hours of laughs you had at his expense with your friends while posting gossip online – those few hours are now the bane of your existence when his lawyer contacts you with a lawsuit.

Take a lesson from Mean Girls (the movie), gossip is never a good idea:  especially once you put it in writing.

by:  Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information on social media law, contact: Sardar Law Firm atsardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter:http://twitter.com/sardarlawfirm

Follow Social Media Legalat:http://twitter.com/socialmedia_law

Jurors Shouldn't Tweet

The U.S. Judicial Conference—which sets policies for all federal courts except the Supreme Court—sent all federal district judges suggested jury instructions on "juror use of electronic communication technologies" during trial.  The essence of the instructions was simple: risks of social media use by jurors is too high, so jurors should refrain.  Jurors were asked not to reference blogs or the internet to find out information on cases they are assigned to.  Further, jurors should not use technologies such as blogs, Twitter, or other social networking platforms such as Facebook, My Space and more.


While there have been some questions as to why such technologies are not allowed, the answer seems quite simple:  jurors must learn about the case through the courtroom procedures and are not even allowed to discuss the case with each other.  If jurors are allowed to utilize social networking sites, read or post on blogs, or Twitter - there is a higher likelihood that someone may slip up.
Here, social media risks have been assessed, and as with social media law, it is developing!


by:  Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC
For more information on social media law, contact: Sardar Law Firmat sardar@sardarlawfirm.com.
Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm
Follow Social Media Legal at: http://twitter.com/socialmedia_law

And … A Conviction From Twittering

In our “Think Before Your Tweet” piece, we discussed the potential risksassociated with ranting via Twitter. With Twitter serving as a new basis for conversation, social media users feel that they are speaking only to their online friends when they post something on a public Twitter page.  Unfortunately, a public Twitter page creates a critical social media risk:  a simple, angry rant can turn into a much bigger deal when it is put in electronic form and essentially published to millions of readers on the internet. Social media law is still developing, leaving room for confusion on part of social media users.

A British man recently learned a hard lesson on social media risk associated with angry Twittering. 

Read more here.

For more information on developing a social media policy, contact:  Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm

Losing Your Idea Through Social Media

Before presenting an idea to an investor, companies usually ask them to sign a Non Disclosure Agreement (“NDA”). The NDA is viewed as critical to protect the company or individual,and their idea. In the small world of entrepreneurship, the fear of losing is a cashable idea is daunting.

And then, an entrepreneur decides to take his idea to every social media platform that she/he can find.  They leak seemingly simple information such as, “working on my new idea!” and “can’t wait to get investors interested in bio tech in Eastern Europe.”  Suddenly, coupled with a series of other posts on the same topic, another person puts the pieces together and voilà – the idea is gone. There is no protective NDA, no contract, and no proof that it was your idea that was stolen.

The desire to engage with others throughsocial media has tapped into the excitement of sharing every brilliant idea you have with your closest online friends – all 800+ of them.  However, if you were to put all of those people into a room, you would be more secretive about your idea – afraid of losing it to someone else.

So next time you want to post on a social media platform about you newest business idea… Remember that you are giving a green light to the loss of your idea – and no NDA to prevent it.

by: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information, contact: Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter:http://twitter.com/sardarlawfirm

When do Preliminary Contracts Bind?

In a constantly evolving financial climate, it is likely that parties will seek to avoid agreements reached with other parties that are no longer profitable or commercially viable.  Such refusal to abide by agreements leads to disputes between parties, often over one issue:  whether the agreement was binding and enforceable.

Amcan Holdings v. Canadian Imperial Bank of Commerce

In a recent case in New York, Amcan Holdings, Inc. v. Canadian Imperial Bank of Commerce, 2010 NY Slip Op 00786, (“Amcan”), the Appellate Division of the Supreme Court of New York concluded that an executed “Summary of Terms and Conditions,” which delineated a proposed financing between lender and borrower, was not a formally binding agreement – but an “agreement to agree.”

Read more here.