Articles Tagged with Social Media Lawsuit

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One of the questions I hear frequently is about whether we are accepting new clients.

While the short answer is “Yes”, here is some additional information which many people find interesting.

Great%20Fit%20Gears%2039896521-001.jpgOur law firm, Sylvester Oppenheim & Linde is committed to client service and quality legal representation for each and every client. That means that we only accept clients who we feel are a good match for our expertise, experience and areas of practice.

I learned a long time ago that we can’t be all things to all clients, but we can be all things to some clients: and those are the ones we welcome and serve in an exemplary manner.

The purpose of this blog is to provide helpful information to anyone who reads it. On our website, you will find another example of our “Be of Service” attitude by reading our Home Page Article “Eleven Questions to ask BEFORE Hiring a Business Attorney“. You will also find a list of our practice areas on that page.

Our clients tell us that they appreciate our honesty, accessibility and guidance. And we appreciate our clients.

Back to the question. The answer is: “Yes, we are always looking for one or two new good clients.” If you have a legal issue, I invite you to call and let’s find out whether we are a great fit for each other. I can be reached at 818-461-8500 or via the Contact form on this page.

Richard Oppenheim

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The line that divides free speech from school speech is one that often gets blurred. In an age where multitudes of information is available at the touch of a finger, the situation becomes even more complex. When a student creates an Instagram account that is rife with racist statements and images of classmates, are his efforts protected by the First Amendment?

zero-tolerance-at-schoolOne student at Albany High school in Albany, California created such an Instagram account in November 2016. He invited a handful of friends to access the derogatory pictures that he had taken of other students, most of whom were African-American girls. Along with his friends, he made racist comments. Some of his friends “liked” the images.

The Instagram feed was discovered in March 2017. The students who had been targeted by the account were threatened with violence in many of the posts. When school officials reviewed the account, punishments were swift. The account’s creator was expelled in June. Other students received suspensions. An anti-racism rally was held on the day that the suspended students returned. Concurrently, another faction of students decided it was time for a session of “restorative justice.” The suspended students were essentially forced to walk a gauntlet of screaming, angry students, some of whom became violent. One of the students who was returning to school after being suspended had his nose broken in the incident.

The students who were punished for their involvement filed a lawsuit that named the school district, several officials, employees at the school and board members as defendants. Recently, Judge James Donato issued a ruling on part of that lawsuit. He agreed with the defendants’ assertions that the punishments had been reasonable as they were levied by the district in the case of most of the students. However, he ruled that other students who had not targeted specific students with their posts were too harshly punished.

Other claims must be decided in this complex case. When it comes to questions of free speech, it is always best to stay on the side of caution, especially when schools or the workplace are involved.

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Most people think Snapchat is just a fun messaging app. They use it to send photos and videos that self-destruct seconds after being viewed. Snapchat also features an app that makes it possible to creatively alter photographs. Known as “Lenses,” this app is what makes it possible for the photo’s subject to sport floppy dog ears, hearts instead of eyes or a floral headband. Now, this capability is at the center of a potential class action lawsuit.

Magnified illustration with the word Social Media on white background.

Illinois residents Jose Martinez and Malcolm Neal filed a complaint in Los Angeles in May of 2016, arguing that Snapchat violated their state’s Biometric Information Privacy Act. The law is aimed at preventing biometric identifiers from falling into questionable hands and sprang from concerns about how the necessary technology used to collect biometric identifiers might be used without the user’s knowledge or permission.

The lawsuit contends that Snapchat is collecting and maintaining detailed biometric information on their customers. This is being done without the knowledge and consent of the users, which is contrary to Illinois’ law.

Snapchat categorically denies the allegations, arguing that their service is not capable of collecting complex biometric information that would allow them to identify the face of one user as opposed to another. Instead, they say that the technology involved is merely for object recognition, which makes it possible for the program to determine which objects in a photo are faces and where the eyes, nose and mouth are located. Moreover, Snapchat denies that they are in any way storing the data that is used in the Lenses app.

Snapchat is not the first social media platform to be sued over similar technology. Both Facebook and Google are facing legal battles relating to face-recognition software that automatically identifies particular people in photographs.

This lawsuit is only in its beginning stages. It was moved to the federal courts in July 2016, and Snapchat may be facing stiff fines if their software is determined to be guilty of violating Illinois’ law. This incident demonstrates the powerful need for businesses to understand the laws of states where they will be operating.