A federal judge on Thursday ruled that Facebook messages exchanged between nonparty exotic dancers and a member of a putative class of dancers suing the Penthouse Executive Club in New York for employment violations are not protected communications and must be produced for the suit.
U.S. District Judge Kimba M. Wood in New York held that the Facebook messages traded between a member of the proposed class and other nonparty dancers talking about joining the suit, are not protected by attorneyclient privilege.
Attorneys Mentioned: Racquel Crespi Weintraub, Howard Davis
MSF represented the plaintiff, Kas, in Kas Oriental Rugs, Inc. v. Ellman, 394 N.J. Super 278 (App. Div.), certif. denied, 192 N.J. 74 (2007), the first Appellate Division case construing the fee shifting provisions in the New Jersey Sales Representatives' Rights Act, NJSA 2A:61A-1 et seq (the "New Jersey Statute"). The case arose when Kas terminated Ellman, its New Jersey sales representative, and Ellman asserted various claims against Kas, including claims under the New Jersey Statute, contract and quantum meruit/unjust enrichment theories. As a result of MSF's arguments on appeal, instead of being liable for damages to its terminated representative Kas is entitled to recover the substantial attorney's fees and costs it incurred defending against the representative's claims.
Kas was represented throughout this matter by MSF partner Jeffrey Schreiber and Special Counsel Racquel Crespi Weintraub.
Attorneys Mentioned: Racquel Crespi Weintraub, Jeffrey Schreiber