Mary Race

Morrison & Foerster LLP

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Socially Aware: The Social Media Law Update Volume 7, Issue 4

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

7/13/2016 - Ad-Blockers Copyright Emoji Facebook FTC Marketing NLRA Sexual Harassment Social Media UK

Big Data Can Lead to Big Legal Problems For Companies

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 - ADA Age Discrimination Article 29 Working Party (WP29) Big Data Civil Rights Act Disparate Impact DOJ EU Fair Housing Act (FHA) FTC SCOTUS Title VII

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

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

5/26/2016 - Employee Handbooks NLRA NLRB Online Reviews Public Forum Workplace Communication Yelp

Socially Aware: The Social Media Law Update Volume 7, Issue 3

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

A Negative Review May Be Protected Activity Under U.S. Employment Law

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

3/14/2016 - Hiring & Firing NLRA NLRB Online Reviews Protected Activity Section 7 Termination Wage and Hour Working Conditions Yelp

Socially Aware: The Social Media Law Update Volume 7, Issue 2

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 FTC Internet Retailers Marketing Mobile Apps Native Advertising Social Media Terms and Conditions User-Generated Content

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

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

11/24/2015 - Chilling Effect Facebook NLRA NLRB Obscenity Protected Activity Social Media Termination

Employment Law Commentary -- Volume 26, Issue 9, September 2014 -- California Court Warns Employers Trying To Pass The Buck...

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

10/3/2014 - Bring Your Own Device Cell Phones Data Protection Employer Liability Issues Mobile Devices Reimbursements

Not-So-Unlikely Bedfellows? The FTC and the EEOC Join Forces to Issue Guidance on Employment Background Checks

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

3/21/2014 - Background Checks Criminal Background Checks EEOC FTC

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

2/3/2014 - Disclosure Do Not Track FFIEC First Amendment Mobile Apps NLRA NLRB Privacy Policy Social Media

Uncovering a Line in the Sand: Employee Social Media Use and the NLRA

If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)? Probably not, according to...more

1/23/2014 - First Amendment NLRA NLRB Offensive Language Social Media Social Media Policy

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