Judges “get” Facebook & LinkedIn for Business

Last post, I mentioned a case where the judge was willing to disregard a corporate entity and allowed my client to look directly to the entity owner, personally, for relief.  A particular issue which came up was whether a certain corporation and a limited liability company were the same business.  I claimed they were, in part because they had the same name, employees, chief executive, and physical location.  Opposing counsel stood up and asked “how could Attorney Cooper possibly know this?”

That’s easy. His client proudly posted everything on Facebook and LinkedIn, and on his business website.  The judge understood that this is how a business, particularly one which seeks customers through the internet, communicates with those customers and prospective customers.  She was willing to treat those statements exactly as the owner intended when they were posted – what opposing counsel was trying to keep out of court.  She considered them as public statements to the world.  If that’s what you intend when you post on your company website or in social media postings, great!  Otherwise, you should rethink your policies on what you post…

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