A few months ago I confronted another FaceBook related case where we were arguing over what level of FaceBook activity constituted a solicitation in violation of a non-solicitation covenant.  I’ve previously discussed this issue and given the sage advice that you’ll know it when you see it.  I’m not so sure that’s such sage advice


Dallas City Hall revealed that a number of city employees were on Facebook a few too many hours during the workday:

  • A City analyst had his Facebook account open for 68 hours during a three month period beginning in January. 
  • One racked up 198 hours in the same three month period. 
  • Others, including a


A few social media signs that an employee is leaving:

  1. The Obvious –  A Linked-In or Facebook profile update that includes the name of a person’s new employer;
  2. The Obvious – An actual description of the new employer or business in a social media profile;
  3. The Obvious – A status update where the employee


Daniel Schwartz’s latest entry on social media discovery illustrates how easy it is for parties in a lawsuit to obtain someone’s Facebook records:

No longer are companies required to spent countless hours subpoenaing Facebook for the records of the terminated employee who is suing you. Just ask for the Plaintiff to download all of his or

The Great Whiskey Ring Trial courtesy of Cornell University

Although it’s nice to have high paid jury consultants and days to ponder potential jurors, the reality is in most jury trials the lawyer is handed a list of potential jurors minutes before they walk in the Courtroom door.  It’s then up to the lawyer and his client to sift through basic information about the


There have been numerous discussions here regarding individuals chronicling their daily lives through the use of Facebook, Twitter, blogs and other social media. We can provide location information through foursquare or talk about our job through a Facebook status update or Twitter tweet. The possibilities are endless and lawyers are beginning to focus on social media


Social media sites can give an employer/recruiter information about potential hires that you can’t ask in an interview.  Take Facebook for instance, you can learn the following about me from my profile and posts:

  • Race/Ethnicity – just take a look at my picture;
  • Age – set forth in my profile;
  • Marital Status – set


A few months ago I profiled a non-compete/non-solicit lawsuit where the Plaintiff employer used LinkedIn communications as evidence to support their claims against several former employee recruiters.  The case was covered in a number of media outlets and blogs.

In the interim the Defendants answered the lawsuit and filed a counterclaim.  Here’s what

Seventy percent of participating U.S. employers indicated they had rejected a job applicant based on their on line profile in a recent Microsoft survey.  U.S. employers were well ahead of the UK, Germany, and France:


The study found that employers’ scrutiny focused on concerns about the applicant’s lifestyle, inappropriate comments by the candidate, and unsuitable pictures and video:

Continue Reading Surprise? Potential employers are considering online profiles.