Happy post-election, post-socially-distanced Thanksgiving, and pre-New Year’s newsletter. Banks, non-banks, and FinTechs can look forward to eight days of announcements from the Biden transition team with their latkes and...more
12/11/2020
/ Arbitration ,
Banking Sector ,
Bitcoin ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Data Breach ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Fair Lending ,
Federal Savings Associations ,
Financial Services Industry ,
FinCEN ,
FinTech ,
FRB ,
Main Street Lending Programs ,
Mobile Payments ,
OCC ,
Private Attorneys General Act (PAGA) ,
SBA ,
TCPA ,
Third-Party Service Provider
In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as...more
The World Health Organization (WHO) has now declared the current outbreak of the new coronavirus first identified in Wuhan, Hubei Province, China as a “Public Health Emergency of International Concern.” As more countries...more
Global M&A made another strong showing in 2019, as stock markets, while at times bumpy, rose to new highs, private equity firms raised record funds, and companies searched for growth and ways to address technological and...more
Recent UK enforcement actions highlight the risks to companies of relying on third-party providers to obtain marketing consents from individuals on their behalf. A claims management company has been separately fined by both...more
Despite increasing political tensions and evolving trade policies, the U.S. M&A market in 2018 enjoyed its second-best total deal value ever, according to Mergermarket. Activity through the first three quarters appeared...more
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more
6/6/2016
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Article 29 Working Party (WP29) ,
Big Data ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Disparate Impact ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
SCOTUS ,
Title VII
A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has...more
How To Protect Your Company’s Social Media Currency -
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more
4/29/2016
/ Clickwrap Agreements ,
Data Security ,
Digital Single Market ,
EU ,
EU-US Privacy Shield ,
Internet of Things ,
IP License ,
Online Reviews ,
Protected Concerted Activity ,
Social Media ,
US-EU Safe Harbor Framework
Yelp, Inc. is more accustomed to being on the giving—rather than the receiving—end of a negative review. That changed recently when a Yelp customer service employee, Talia Ben-Ora, posted an open letter to Yelp’s CEO on her...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more
3/9/2016
/ Advertising ,
B2C ,
Big Data ,
Digital Goods ,
Discovery ,
Discovery Rule ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
Mobile Apps ,
Native Advertising ,
Social Media ,
Terms and Conditions ,
User-Generated Content
Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more
Five social media law issues to discuss with your clients -
The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more
10/15/2015
/ Anonymity ,
Anti-Retaliation Provisions ,
Blogging Platforms ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Commercial Bankruptcy ,
Customer Lists ,
Data Privacy ,
Data Protection ,
Data Security ,
Defamation ,
Discovery ,
Discrimination ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employee Training ,
Enforceability ,
EULA ,
Evidence ,
Facebook ,
Facebook Friends ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Human Resources Professionals ,
Internal Investigations ,
Job Applicants ,
Mobile Apps ,
Motion to Compel ,
NLRA ,
NLRB ,
Online Endorsements ,
Online Reviews ,
Passwords ,
Policies and Procedures ,
Popular ,
Privacy Policy ,
Protected Class ,
Protected Concerted Activity ,
RadioShack ,
Representations and Warranties ,
Screening Procedures ,
Section 5 ,
Social Media ,
Social Media Account Ownership ,
Social Media Policy ,
Subpoenas ,
Terms and Conditions ,
Terms of Use ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Workplace Investigations
The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more
10/12/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Practices ,
Consent ,
Data Collection ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exceptions ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Location Data ,
Medical Examinations ,
Mobile Apps ,
Mobile Health Apps ,
Wearable Technology ,
Wellness Programs
In This Issue:
- Court Protects Anonymity of Yelp Users
- FTC Issues Landmark Report on Internet of Things
- Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more
5/15/2015
/ Anonymity ,
Copyright ,
Digital Assets ,
DMCA ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Online Reviews ,
Social Media ,
Social Networks ,
Terms and Conditions ,
Web Scraping ,
Web Tracking ,
Yelp
Employees are a company’s greatest asset, but if the company gets hiring decisions wrong, employees could also be the company’s greatest expense. Accordingly, recruiting the right people and retaining and promoting the best,...more
The FTC has released its much anticipated report on the Internet of Things (“IoT”) – a topic that has been top-of-mind for many companies. The FTC’s report, “Internet of Things: Privacy & Security in a Connected World” (the...more
In This Issue:
- What’s in a Like?
- R.I.P.: The Facebook “Like” Gate
- Facebook Dislikes Fake Likes
- Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud
- Click...more
12/17/2014
/ Advertising ,
Clickwrap Agreements ,
Cloud Computing ,
COPPA ,
Counterfeiting ,
Data Protection ,
EU ,
Facebook ,
Infringement ,
Internet ,
Mobile Apps ,
Social Media ,
Terms of Use ,
UK ,
Websites
For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift...more
10/30/2014
/ Amazon ,
Cloud Computing ,
Corporate Counsel ,
Data Protection ,
Data-Sharing ,
European Economic Area (EEA) ,
Google ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infrastructure ,
Networks ,
Popular ,
Salesforce ,
Technology ,
Third-Party Service Provider
California employers hoping to save money through a bring your-own device (BYOD) program should think twice about that objective, based on a recent California appellate decision. In Cochran v. Schwan’s Home Service, the...more
Modern Technology has increasingly blurred the line between business and personal lives, thanks in large part to social media that can broadcast employees’ views to friends and the public in a heartbeat. Companies are...more
In This Issue:
- Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations
- Driving Under the Influence (of Google Glass)
- U.S. Courts’ Evolving Approaches to...more
A 2013 CareerBuilder survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not...more
For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have worked together to publish two guidance documents about employment background checks. One document,...more