NFL Star Files Twitter Lawsuit Against ESPN

According to The New York Post, New York Giants star Jason Pierre-Paul has filed a lawsuit against ESPN and one its reporters, Adam Schefter, for Tweeting a photo of his medical records.  Last July 4th, Pierre-Paul was involved in a fireworks accident that severely damaged one of his hands and the incident created a feeding frenzy among the media to determine the extent of Pierre-Paul's injuries.  

Under the Health Insurance Portability and Accountability Act (HIPAA), the hospital and its employees owed a duty of medical privacy to Pierre-Paul.  The media is not a covered entity under HIPAA so it doesn't apply to ESPN or Schefter.  It has been reported that the hospital that treated Pierre-Paul has already settled with him most likely because it had the most to lose if the matter went to trial since it was a covered entity under HIPAA.

While HIPAA doesn't cover ESPN/Adam Schefter's actions, Pierre-Paul may have an actionable claim under Florida state law or common law. If ESPN/Adam Schefter contacted me before posting Pierre-Paul's medical records on Twitter, I would have advised against Tweeting out the photo or posting it online on another platform due to potential legal liability. While its too soon to speculate on how Florida state law or common law may affect the outcome of this case, it should make people think long and hard before they post the medical records of others online without expressed written consent.    

I have previously written about ESPN's corporate social media policy that covers its reporters here and here.  The bottom line is that professional sports teams, athletes, and those that work in the sports field need to become better educated about the legal implications of their actions whenever they utilize digital platforms. One wrong post or action/inaction that leads to a digital post may create millions of dollars in legal liability.  

Copyright 2016 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Should Facebook Be Held Accountable For Allegedly Hosting Ads For Counterfeit Merchandise?

The Digital Age and now the Social Media Age has had a significant effect on traditional methods of protecting intellectual property.  Sports brands and athletes may be losing hundreds of millions and possibly billions of dollars a year due to fraud and the misappropriation of their digital image and likeness.  Stopping the problem is like playing whack-w-mole in your local arcade.  When you think you have hit every target another one appears.

Every couple of months there seems to be another story how law enforcement has seized websites and/or counterfeit merchandise.  Last year, when I read that Google paid a $500 million dollar fine to avoid prosecution that it knowingly accepted advertising that was against the law I wondered if Facebook had a similar problem.  I started to pay closer attention to the ads that were appearing on my Facebook account and soon realized that Facebook may be accepting ads for counterfeit merchandise.  

I have seen a tremendous number of ads for allegedly counterfeit merchandise on Facebook and I have discussed this issue with others, including the media.  Generally, Internet platforms are not liable for the content that is posted on their websites.  However, if a digital platform is put on notice about a problem and does not take reasonable steps to resolve it then it may have potential legal liability.

Does the law need to be updated?  Does enforcement need to be increased?

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.