ISBA says “find out more” on Social Media and the Law via Jerome Larkin.

Editor's note: Don't forget to check out the missing CV on Jerry at the Larkin Home in Elgin.  Lucius Verenus, Schoolmaster, ProbateSharks.com   ISBA says “find out more” on Social Media and the Law via Jerome Larkin. by jmdenison In the June 2014 ISBA journal, there is an entire article on social media, and they seem to like the Facebook article on derogatory and defamatory posts--which 90% of the time seems to revolve around employee/employer disputes.  Interesting.  Illinois is an at will state so I don't think what you say on Facebook is going to help the average employee that posts something adverse or embarrassing about his or her employer.  BUT one narrow caveat is employees who are non exempt (lower level staff), discussing work place conditions, they may be covered under NLRB that allows employees to organize and present grievances to employers.  Again, it's a narrow, unreliable exception, so I would not rely on it, except if you have already been fired to trying to make things better at work by acknowledging problems, that might make for a good wrongful discharge suit.  Be sure you were an excellent employee prior to the firing tho, because wrongful discharge suits are not guaranteed, either. My copyright Response to Jerome Larkin's motion to dismiss my Copyright Infringement suit against him may be found here: https://drive.google.com/file/d/0B6FbJzwtHocwOGplTVo4bVcwc2s/edit?usp=sharing for defendant Nextpoint and here for the ARDC https://drive.google.com/file/d/0B6FbJzwtHocwN2d6ZGpXT0FhZlk/edit?usp=sharing The article itself cautions to 1) send targeted discovery requests requesting information about a specific topic; 2) asking for everything in Facebook is not likely to be well received; 3) the attorney should make sure the posts turned over are relevant. While the article recommends programs like Snagit and Camtasia, the reality is, you capture a lot and the other side finds out, you WILL be facing a counter claim for copyright infringement and removal to Federal District court.  Most blogs are not sold or offered for sale, so technically they are unpublished under the US Copyright Acthttp://www.copyright.gov/title17/ and Fair Use is NOT  a favored defense.  Any honest, competent, copyright attorney will tell you it simply cannot ever be relied upon.  It is best to take the least amount of text or data, generally no more than 3 or 4 short lines.  The upshot is write your own copy. (see, page 278) and make sure that what you take is clearly pertinent, relevant and most of all, MUST be downloaded and preserved. If you can't answer that question with a firm "yes", then forget it.  If you're mad about a Facebook post, most generally disappear in a few days. The article also fails to mention if it's not your stuff, don't worry.  Under 47 USC 230, if someone else wrote it and you posted it, you should be protected.  If they ask for you to remove it under that statue, do so, following the statue closely. Once, an attorney for Mr. Eformes wrote me demanding that I take down Ken's assertions that his client had been indicted.  So, of course I complied.  I deleted what Ken wrote and inserted instead about a half dozen artiles from wire services regarding his client's indictments and litigation over nursing home fraud.  So there is a caveat that if you are trying to cleanse the internet of all your client's misdeeds, this might in fact backfire. Several citizens have pointed out to me the Social Media article and that Jerome Larkin's name appeared on the page, and yet he wants to delete his adverse information from the internet and crush attorney dissent and extreme dissatisfaction over the fact that the law is X and courts are doing Y.  They found his name on that page ironic and asked me to mention it on the blog. Joanne   jmdenison | June 28, 2014 at 6:07 pm | Categories: Uncategorized | URL: http://wp.me/p209wH-1lU Comment    See all comments Unsubscribe to no longer receive posts from MaryGSykes.com. Change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser:  http://marygsykes.com/2014/06/28/isba-says-find-out-more-on-social-media-and-the-law-via-jerome-larkin/

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